ITA 
Oral dismissal: burden of proof on the employee
The mere final cessation in the performance of the services arising from the employment relationship is not in itself suitable to provide evidence of dismissal, since it can be the outcome of both a dismissal, resignation and a consensual termination
Court of Cassation, Employment Section, Judgement no. 149 of January 8, 2021
Fraudulent Dismissal
The subsequent dismissal of an employee who had been previously reinstated and then transferred to a business unit in which a reduction in staff had already been planned, was found to be null and void
Court of Cassation, Employment Section, Judgment no. 29007 of December 17, 2020
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
Supreme Court, Employment Section, Judgment No. 27911 of December 4, 2020
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 evidence of everything that constitutes the fact.
Court of Cassation, Order No. 23144 of October 22, 2020
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, by joining a different trade union, explicitly demonstrate their dissent to the agreement.
Court of Cassation, employment section, judgment no. 26509 of 20 November 2020
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
Court of Cassation, Employment Section, 23 October 2020, Judgment no. 23385
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
Court of Cassation, Employment Section, Ordinance no. 24391 of November 3, 2020
Purpose and limits of paid leave of absence permits under Law no. 104/1992 (to assist disabled family members)
Safety at work: the use of collective protection measures in the workplace takes priority over the use of PPE
Court of Cassation, Labour Section, judgment no. 18137 of 31 August 2020
Collective redundancy and the pool of workers affected
Safety at work: the use of collective protection measures in the workplace takes priority over the use of PPE
Court of Cassation, Labour Section, judgment no. 18137 of 31 August 2020