Publications

In its ruling no. 2286 of 3 December 2021, the Court of Venice, Civil Section II, ruled on the legitimacy of an audio recording made by a third party during a court case. Two of the three defendants in their proceedings against the same employer, had produced an audio recording of a work meeting held ....

On 12 November 2021, in its ruling no. 33809, the Court of Cassation returned to the issue of employer controls using electronic tools, considering the principles and restrictions applicable to personal data protection. The Supreme Court confirmed that an employee’s PC data are company assets. Therefore, an employer can acquire and use the data for ....

By an order of 11 August, the Court of Milan ruled that allowing a company’s official to disseminate hostile messages through the social networks against a union, its representatives and its actions is anti-union behaviour. The Court also found that the Company had encouraged its employees to join another union, by adding a link to ....

With its order no. 32506 of 8 November 2021, the Court of Cassation addressed the issue of judicial review of the technical, organisational and production reasons underlying transfers under art. 2103 of the Italian Civil Code. The case in question arose from an employee’s legal application for a declaration of the unlawfulness of the transfer ....

Digitalisation and sustainability are two issues at the heart of the debate about the challenges companies will face soon. To date, the term “digitalisation” (or “digital transformation”) still commonly refers introducing digital technologies into the workplace and applying them to the tools available to personnel to perform work. The evolution of technologies and processes increasingly ....

Remote working has exponentially increased due to the Covid-19 health emergency that started in 2020. The advantages and potential of this work method, forcibly experienced at a mass level during the pandemic, oriented many companies towards a new “hybrid” organisation that combines in-person and remote work. Many companies have applied a more flexible organisation that ....

The Court of Cassation, with order no. 23418 of 25 August 2021, returned to deal with the subject of requirements for validity of non-competition agreements. The Court’s ruling is based on appeal lodged by a bank manager who (among other claims submitted) had challenged a signed non-competition agreement, considering it vitiated, since the payment was ....

In a ruling dated 8 July 2021, the Court of Trento, upheld a disciplinary dismissal (for just cause) imposed on a teacher who repeatedly refused to wear a protective mask while working at school. In this case, the teacher, employed by the Autonomous Province of Trento, refused to comply with an order issued by the ....