Case Law

With judgement no. 22127 dated 2 November 2016, the Supreme Court of Appeal once again pronounced itself on the interpretation of the non ultra petita rule with respect to the charge filed and the charge on which the disciplinary action is based. In the case in question, a worker did not go to work because ....

Criminal Division III of the Supreme Court of Appeal, with ruling no. 45198 dated 26 October 2016, first reiterated that in accordance with clause 4 of the Workers’ Statute (prior to the Jobs Act) the use of remote control systems to monitor work is not permitted, and that such equipment may only be installed in ....

With judgement dated 17 October 2017 the Labour Division of Milan Court dismissed the appeal filed by a former employee of one our Clients, who had taken legal action against the Company to obtain a ruling against her dismissal for just cause, with the consequences set forth by section 8 of Law no. 604/1966. With ....

The Supreme Court of Cassation with judgement No. 18507 filed on 21 September 2016, intervened again on the sensitive issue of denial of acceptance of the medical certificate attesting to an employee’s illness. In this case, an employee, unable to work for a declared pathology of acute sciatica, was caught by an investigative agency hired ....

The Court of Cassation, with judgement No. 20211 published on 7 October 2016, issued its ruling on the matter of dismissal for just cause notified to an employee for having participated in a “violent altercation with a colleague then followed by bodily harm”. In this case, the Court of Cassation confirmed the decision of the ....

The Court of Bergamo, with judgement No. 684 dated 14 September 2016, ruled unlawful to dismiss an employee for having published a photograph on Facebook depicting the employee bracing a firearm. According to the Court, in this case, the employee’s conduct, even if reprehensible, was not serious enough to “debase (…) the fiduciary relationship with ....

The Court of Cassation, with judgement No. 18317 dated 19 September 2016, intervened on the topic of dismissal for justified subjective reasons based on poor performance. According to the Supreme Court of Cassation, failure to achieve a specific result is not sufficient evidence for dismissal, but it is also necessary to demonstrate a culpable and ....

The Court of Cassation, with judgement No. 19922 dated 5 October 2016, confirmed unlawful the dismissal for just cause of an employee in charge of private supervisory activity, who failed to make all the inspections he was entrusted. The disciplinary offence was ascertained by the employer on the basis of data collected through the GPS ....