26.032021

Court of Rome: applicability of dismissal prohibition to executives

The Court of Rome, in its 26 February 2021 order, stated that the prohibition of dismissal on financial grounds, introduced by the emergency legislation, applies to executives. Facts of the case The facts of the case concern a worker, classified as an executive under the National Collective Agreement for Executives in the Tertiary Sector, who…

19.022021

Dismissal based on financial grounds in violation of the COVID-19 prohibitions invalid

The Court of Mantua, in its ruling no. 112/2020, has declared the dismissal of an apprentice for justified objective reason invalid, because it is contrary to the COVID-19 pandemic emergency legislation. Facts The plaintiff was employed by a company operating in the clothing and jewellery retail sector under a professional apprenticeship contract, with “assistant salesperson”…

21.092020

In-company theft: dismissal is legitimate if provided for by the collective labour agreement (Andrea Di Nino, Sintesi – Ordine dei Consulenti del Lavoro, September 2020)

The Supreme Court of Cassation, in case No. 11005 of 9 June 2020, gave judgment on the dismissal of a worker who stole two company brushes which were recovered in his bag. The Rome Court of Appeal ruling of 30 May 2018 had upheld the original Court of Cassino decision rejecting the worker’s application against…

21.092020

Carrying out another activity during sick leave may justify dismissal

The Supreme Court of Cassation, in its ordinance No. 18245 of 2 September 2020, upheld the principle that carrying out a working or non-working activity while absent from work due to illness may constitute a serious breach of the worker’s contractual obligations, if it compromises or delays the recovery. The facts The case originates from…

10.012018

Available the app for voluntary resignations and consensual termination of the employment relationship

The “Voluntary Resignations” app made available on 2 January 2018 by the Ministry of Labour and Social Policies for voluntary dismissals and consensual termination of the employment relationship is now active. Thanks to this app, citizens and authorised parties will have the possibility to access the Ministry of Labour and Social Policies procedure and submit the…