ITA 
Union representative dismissed for insulting the company founder on social network
The employee and union representative’s right to criticism is guaranteed by the Constitution. However, this must be exercised fairly, ensuring the protection of the human person. Therefore, if the employee and union representative attributes dishonorable qualities and unproven disparaging references to the employer, the conduct may be...
No reinstatement in case of late disciplinary dismissal
Published on Sole24Ore - NT Lavoro - on 27/04/2023. A dismissal for just cause notified over the time limit provided for by the NCBA applied to the employment was deemed unlawful by the Court of first instance and by the Court of Appeal. In particular, the NCBA provides that «the notice of the measure must be sent written to the employee within and no later than 30 days from...
Lawful dismissal for using one day of union permit for personal purposes
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.
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.
Thus, the Supreme Court in its Order No. 22094 of July 13, 2022.
In the case at hand, the Court of Appeal had rejected...