Publications

The Court of Cassation, in its order no. 18296 of 4 July 2024, ruled that an employee who adopts stubborn attitudes with respect to the company’s business irreparably damages the trust relationship with the employer and may therefore be subject to dismissal. The Case at issue The present case specifically involved an employee of an ....

In its order no. 26440 dated October 10, 2024, the Court of Cassation, Labor Section, reaffirmed the legitimacy of the dismissal imposed on an employee who had addressed a client in a rude and vulgar manner, once again underscoring the boundaries of judicial review in determining “just cause” for termination. The judicial proceedings originated from ....

The Court of First Instance of Udine (Labour Section, order no. 504 of 2 August 2024) declared lawful the measure of suspension from work and remuneration, imposed by a company on an employee who had refused to sign the letter sent to the person responsible for processing personal data, in accordance with the applicable data ....

Sending the medical certificate by fax is a valid method of notification of illness by the employee, as it is expressly provided for in the company’s rules. The Supreme Court, in its order no. 25661 of 25 September 2024, held that the dismissal of an employee who communicated his illness via fax, while on holiday ....

With Order No. 23850/2024, published on 5 September 2024, the Supreme Court clarified that employees who also act as workers’ safety representatives (“RLS”) are entitled to the same protection as trade unionists. This means that “RLSs” can use harsher tones than those “normally allowed” for an employee, because they stand on an equal footing with ....

The Court of Cassation, by its decision no. 23858 of 5 September 2024,  confirming its previous ruling, stated that, in the hypothesis of a disciplinary dismissal for carrying out other activities during sick leave, the employer bears the burden of proof that the illness is simulated or that the activities carried out during the days ....

Decree-Law No. 131/2024, published in the Official Gazette on 16 September and in force since 17 September, introduced important changes for employers in the management of fixed-term contracts. This measure, known as the “Decreto Salva Infrazioni”, meets the request of the European Union – which started an infringement procedure against Italy – to align national ....

The Supreme Courte, by its decision no. 23852 of 5 September 2024, examined the question of the dismissal for just cause of an employee who, during a period of illness, participated in a football tournament already scheduled, thereby breaching his obligations of diligence, loyalty and fairness, thus jeopardising his recovery or return to work. The ....