Disciplinary sanctions: limits to the Judge’s power to redetermine them
The Judge may not replace the employer in deciding on the level of disciplinary sanctions, except to reduce them to within the permitted limiti or at the request of the employer.
Chiara Perrone to lecture at the Catholic University of Milan
Chiara Perrone to lecture «The management of the employment relationship: employers’ and employees’ rights and obligations» ...
Damages for demotion and burden of proof
With the judgment under discussion, the Court of Cassation confirms the rule that, in presumptive evidence, the onus of proof is on the plaintiff to provide...
Binding effect of company level collective bargaining agreements
Company collective agreements apply to all company workers, even if they are not members of the union(s) signing same, with the exception of those workers who,...
Legitimate controls on an employee who harasses a colleague and accesses her husband’s bank account
Controls by an employer on an employee, done retrospectively, are allowed in order to ascertain whether a crime has been committed
Court of Cassation, employment section, judgment no. 25977 of 16 November 2020
Waivers and settlement agreements: purpose and interpretation
The aim of the settlement agreement must be identified not in relation to the wording used by the parties, but in the context of their contrasting interests
Nature and requirements of the subordinate employment relationship of dirigente (executives)
According to the Court of Cassation, a worker who gives directives to the staff is a subordinate employee and therefore cannot be considered a consultant
Purpose and limits of paid leave of absence permits under Law no. 104/1992 (to assist disabled family members)
The use of permits pursuant to Law no. 104/1992 not in accordance with the rationale of the rule constitutes abuse of the right and undue receipt of the attendance allowance