ITA 
Employee dismissed for working at spouse's shop during sick leave
Published on Sole24Ore – Nt Lavoro – on 02/02/2024. An employee who, while on sick leave, works the spouse's shop is liable to dismissal if such conduct constitutes a breach of the general duties of fairness and good faith...
Lawful dismissal of employee who works elsewhere while on sick leave
Published on Sole24Ore – Nt Lavoro – on 31/01/2024. The performance of work activity for third parties during the sick leave constitutes...
Dismissal of the employee who reports the employer in bad faith
«Reporting the employer is lawful as long as the employee does not act being aware of the employer’s innocence».
Applying ordinary illness protected period to a disabled employee constitutes indirect discrimination.
Published on Sole24Ore – NT Lavoro – on 11/04/2023 The application of the ordinary illness protected period to a disabled employee is an indirect discrimination, because disabled employee is exposed to the additional risk of absence due to an illness related to his condition. Thus, the Court of Cassation with the judgement no. 9095/2023 of 31 March.
Change in the service agreements, employee direct transition to the subrecipient and dismissal appeal
Court of Cassation, Labour section, judgment no. 3564 of 6 February 2023. With its judgment no. 3564 of 6 February 2023, the Court of Cassation came back to judge on the “Chane in the service agreements” with direct employee transition to the subrecipient and dismissal appeal theme.
The suspension of the obligation to hire disabled workers does not allow to dismiss them
Published on Sole24Ore – NT Lavoro – on 06/12/2022 While the suspension of hiring obligations allows the employer not to hire workers in order to maintain or supplement the mandatory quota provided by law, it does not legitimise the dismissal of disabled workers.
Thus, the Court of Cassation with its judgment no. 35035/2022.
Unique center of interests: the collective dismissal must involve all the employees
Published on Sole24Ore – NT Lavoro – on 10/11/2022. Where there is in fact a single employer between several companies, the collective dismissal procedure must involve all the employees of the single company complex resulting from that integration, event in the absence of proof of the mixed usage of the activities of the employees dismissed.
Repêchage: duties actually performed must be considered
Published on Sole24Ore – NT Lavoro – on 01/11/2022. For the legitimacy of the dismissal for suppression of job and the ascertainment of the repechage impossibility it must be verify the lack of job positions respective to the duties assigned to the employee and carried out by him.
In the case decided by the Court of Cassation, with the judgment n. 30950 of 20 October 2022...
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.
Thus, the Court of cassation with its judgment no. 26532/2022.
Lawful the dismissal notified indirectly
Published on Sole24Ore – NT Lavoro – on 29/08/2022. The intention to dismiss can be communicated to the employee indirectly, since there is no burden on the employer to adopt sacramental formulas.
Thus, the Court of cassation with its judgment no. 24391 of 5 August 2022.