Case Law

Court of Cassation, with sentence no. 8863 of April 11, 2013, stated that within a contract of services the employment relationships are not charged on the principal if its employees, having though unlawfully exercised the directive power on the contractor employees’, were not empowered with the necessary powers to behave in the name and on behalf of the company.

The Court of Voghera, with the decision of March 14, 2013, confirmed that when the dismissal for just cause is not proportioned to the employee’s behavior it is unlawful, but implies just a compensation and not the reinstatement if the contested behavior occurred and the collective agreement does not provide a conservative penalty for the employee’s lack.

Court of Cassation, with sentence no. 9073/13, stated that the missed reinstatement of the employee unlawfully terminated has to be indemnified by the employer with a pecuniary sanction equal to 20% of the wages to be paid by way of damages.

Court of Cassation, with sentence no. 8611 of April 9, 2013, stated that the employer’s statements included in the injury denunciation report may have a value of confession because in the trial they can be used against the employer to the purpose of the ascertainment of liability regarding the injury suffered by the employee.

The Supreme Court, with sentence no. 7925 published on April 2, stated that mobbing may be ascertained by the labor judge only in case of oppressive acts against the employee.

Court of Cassation, Criminal Section, with sentence no. 11442 of March 11, 2013, stated that the proxy on hygiene and safety at work is effective when the subject who gives the powers specifies the tasks of the delegated.

Court of Cassation, with sentence no. 7829 of March 28, 2013, confirmed that the bahaviour of a bank’s employee who leaves the cash desk unattended for the coffee break represents just cause for dismissal.

The Court of Cassation with sentence no. 5143 of March 1, confirmed the statement of sentence no. 12257/2012 according to which the criterium provided by the agreement with the Unions for the choice of the employees to be dismissed can be just one and it can be represented by the imminence of retirement, if it allows to make a strict classification and it can be applied and controlled without employer’s discretional choice.