Tag: dismissals
Damages for wrongful dismissal: a worker’s pension cannot be curtailed from the amount (Andrea Di Nino, Summary – Ordine dei Consulenti del Lavoro (Association of Labour Consultants), January 2023)
With ruling no. 32130 of 31 October 2022, the Supreme Court of Cassation ruled on the assessment of the damages payable to a worker for unlawful dismissal who, following ...
Read moreDismissal for justified objective reason, loss of contract: invalidity and reinstatement protection (Andrea Di Nino, Sintesi – Ordine dei Consulenti del Lavoro, December 2022)
With judgment No 30167 of 13 October 2022, the Italian Court of Cassation rejected the appeal filed by an employer against a finding that a worker’s dismissal for a ...
Read moreDismissal unlawful if company regulations are not posted (Andrea Di Nino, Sintesi – Ordine dei Consulenti del Lavoro, November 2022)
With Order No 24722 of 11 August 2022, the Italian Court of Cassation rejected the appeal against a decision of the Rome Court of Appeal, which had held the ...
Read moreCollective dismissal: failure to notify selection criteria triggers the reinstatement remedy (Andrea Di Nino, Sintesi – Ordine dei Consulenti del Lavoro, May 2022)
La Corte di Cassazione, con la sentenza n. 9800 del 25 marzo 2022, si è espressa in merito al regime sanzionatorio applicabile in caso di omessa o incompleta comunicazione ...
Read moreIllegally using a company car can damage a trust relationship (Andrea Di Nino, Sintesi – Ordine dei Consulenti del Lavoro, July 2021)
The Court of Cassation, in ruling no. 11644 of 4 May 2021, stated that it is legitimate to dismiss an employee who unlawfully uses a company car and tries ...
Read moreTrade union agreement on demotion: the power to dismiss is limited (Andrea Di Nino, Sintesi – Ordine dei Consulenti del Lavoro, April 2021)
The Court of Cassation, in ruling no. 701 of 18 January 2021, ruled on the employer’s power of dismissal, underlining that it is limited if the employee has previously ...
Read moreDismissal based on financial grounds: reinstatement obligation in cases of manifest lack of the fact
The Constitutional Court, with its ruling no. 59 filed on 1 April 2021, declared unconstitutional art. 18, paragraph 7, second sentence of Italian Law 300/1970 (Workers’ Statute), as amended ...
Read moreCourt of Rome: applicability of dismissal prohibition to executives
The Court of Rome, in its 26 February 2021 order, stated that the prohibition of dismissal on financial grounds, introduced by the emergency legislation, applies to executives. Facts of ...
Read moreDismissal based on financial grounds in violation of the COVID-19 prohibitions invalid
The Court of Mantua, in its ruling no. 112/2020, has declared the dismissal of an apprentice for justified objective reason invalid, because it is contrary to the COVID-19 pandemic ...
Read moreDismissal due to age limit: obligation to give contractual notice
The Supreme Court of Cassation, under Order no. 18955 published on 11 September 2020, stated that in cases of dismissal due to reaching the age limit, the employee is ...
Read moreCarrying out another activity during sick leave may justify dismissal
The Supreme Court of Cassation, in its ordinance No. 18245 of 2 September 2020, upheld the principle that carrying out a working or non-working activity while absent from work ...
Read moreAvailable the app for voluntary resignations and consensual termination of the employment relationship
The “Voluntary Resignations” app made available on 2 January 2018 by the Ministry of Labour and Social Policies for voluntary dismissals and consensual termination of the employment relationship is now ...
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