TAG
unlawful dismissal
Sep
20
2018
PUBLISHED BY Arlati Ghislandi
The mere reference to a staff reduction procedure ...

It is unlawful to fire a manager whose reasons were merely traced back by the employer to the opening of a staff reduction procedure.

Jul
27
2018
PUBLISHED BY Arlati Ghislandi
Dismissal selection criteria in the case of the ‘r...

When the expected work requirements of a tender are significantly reduced, making it necessary to dismiss perfectly fungible workers, the employer’s decision on which employees to dismiss is carried out according to very precise criteria, violation of which can det...

Mar
29
2018
PUBLISHED BY Arlati Ghislandi
Dismissal resulting from the incapacity to work

With ruling no. 7065 of 21 March 2018, the Supreme Court specified that an official technical consultancy may be available in legal proceedings in order to verify the incapacity of the worker.

Dec
11
2017
PUBLISHED BY Arlati Ghislandi
Extraordinary leave and nocturnal assistance

Employees are entitled to enjoy the extraordinary leave for the assistance to family members set by art. 42, c. 5 of Legislative Decree no. 151/2001 even if the assistance is mainly rendered during night hours, while covered by other people during daytime.

Aug
18
2017
PUBLISHED BY Arlati Ghislandi
Unsuitability to duties: reinstatement if the dism...

Corte di Cassazione, with judgement no. 20122 of August 17th, 2017, confirmed the unlawfulness of a dismissal caused by the unsuitability to the employee’s duties, declared by the competent physician, providing the employee’s reinstatement into the workplace.

Mar
24
2017
PUBLISHED BY Arlati Ghislandi
Non-suitability to duties: medical report and term...

Corte di Cassazione has recently determined that the medical report issued by the company’s doctor is not, by itself, suitable to justify termination of employment due to the employee’s permanent inability to perform his or her duties, since the report ...

Dec
21
2016
PUBLISHED BY Arlati Ghislandi
Refusal to work due to transfer without notice: un...

Corte di Cassazione recently ruled that disciplinary termination of employment due to the employee’s refusal to work, following immediate transfer to another business unit, is unlawful.

 

Sep
13
2016
PUBLISHED BY Arlati Ghislandi
Null and void trial period agreement: effects on d...

The nullity of a trial period agreement doesn’t automatically determine the reinstatement and compensation of the employee.

Jul
01
2016
PUBLISHED BY Arlati Ghislandi
Protection of the employee’s return from maternity...

Corte di Cassazione (our national Supeme Court), with a recent judgement, has stated that the extended leave of the employee called, at the end of her maternity leave, to resume service in a location different from the one she previously worked in, is justified.

Feb
10
2016
PUBLISHED BY Arlati Ghislandi
Collective dismissal – non concomitant communicati...

The Court of Appeal, Labor Section, with a sentence dated January the 8th 2016, n. 157, has declared illegitimate the dismissal of an employee if, during a collective dismissal procedure, the communication sent to the labor offices and to the Trade Unions is not concomit...

Nov
13
2015
PUBLISHED BY Arlati Ghislandi
Unlawful dismissal for a defense right delayed

Through the sentence No. 23140, dated November 12th 2015, the Court of Appeal affirm that, in case of disciplinary objection, the term equal to 5 days isn’t entailing the forfeiture of defense right.

Nov
11
2015
PUBLISHED BY Arlati Ghislandi
Disciplinary sanction for improper use of Company ...

Through the sentence No. 22353, dated November 2nd 2015, Supreme Court reaffirm that, when the disciplinary code or the NCBA provides the conservative sanction application for an improper use of Company email, in case of no respect of the specific regulation, the justifi...

Nov
03
2015
PUBLISHED BY Arlati Ghislandi
Unlawful dismissal: personal use of email for a no...

Through the judgment No. 22353/15, the Court of Appeal affirmed that the dismissal of the employee accused of email and web surfing personal use will be unlawful, if the employee doesn’t take up a significant time from working activity executions.