On the concept of company dependence for the purposes of territorial jurisdiction
The Court of Cassation returns to comment on the notion of place of business dependence pursuant to Article 413 of the Code of Civil Procedure for the purposes of determining the territorial jurisdiction of the labour court.
Marco Tesoro speaker at the AIJA conference on gender discrimination at the workplace
See the panel slides: 082022_AIJA_AnnualLabourConference_PP_V10 (ID 717532)
Professional illness also based on simple presumptions
Published on Sole24Ore – NT Lavoro – on 13/10/2022. In the case examined by the Court of cassation ‘s judgment no. 29435/2022 of 10 October, a nurse working...
Managers are entitled to the indemnity in lieu of holidays
Published on Sole24Ore – NT Lavoro – on 11/10/2022. The case, subject of the Court of Cassation’s judgment no. 29113/2022 of 6 October originates from a public manager’s appeal...
Dismissal before the protected period: reinstatement also for small companies
Published on Sole24Ore – NT Lavoro – on 23/09/2022. The «attenuated» reintegration protection pursuant to Article 18 (4) applies in the event of dismissal in violation of Article 2110 (2) of the Civil Code regardless of the number of employees of the employer.
Lawful dismissal for abusing one day of union permit
Court of cassation 26198/2022. The use of a day of union leave to engage in personal activities unrelated to the function for which the leave was granted constitutes a disciplinary breach punishable by dismissal.
Inadmissible the witness proof on the dismissal letter
Published on Sole24Ore – NT Lavoro – on 14/09/2022. The way in which the dismissal is communicated cannot be the subject of witness proof, since it is an act for which the written form ad substantiam is required.
The dismissal served for refusing the medical check is lawful
Court of Cassation, Labor Section, Order No. 22094, July 13, 2022. The dismissal of the employee who refuses to undergo a medical examination ordered by the company before granting new duties must be considered lawful.