The Supreme Court has issued a noteworthy decision concerning compensation under Article 32 of Law 183/2010 for unlawful fixed-term employment contracts. This decision is particularly relevant, as it affirms that Article 32 ensures that employees hired under an unlawful fixed-term contract are entitled to a permanent employment relationship and compensation.
The Supreme Court recently issued a significant decision concerning a transfer of part of an undertaking. The Supreme Court confirmed the Court of Appeal's decision, which held that the transfer of a business branch and the related transfer of employment contracts had no effect on employees; as a result, the employment relationship with the transferor remained unchanged.
The Supreme Court recently issued a decision concerning an employee's dismissal following disciplinary proceedings that took place during the employee's sick leave. The Supreme Court took the occasion to underline the consolidated case law on the relationship between the employer's right of termination and the employee's right to sick leave.
The Supreme Court has issued its decision in a case involving a municipality that published personal data on its website relating to an employee's absence for having contracted a disease and the existence of judicial proceedings between the parties relating to alleged bullying. Among other things, the decision raises the issue of the extent of privacy protection afforded to an employee's job profile within the organisation.
In four recent decisions the Supreme Court considered employment issues arising from transfers of business. The cases involved, among other things, the dismissal of an employee following a reorganisation, the illlegitimate demotion of a group of workers transferred from one company to another and the quantification of non-pecuniary damage in case of employee demotion.
The Supreme Court recently issued a decision concerning the redundancy notice that employers must submit before laying off employees. The case concerned a company whose redundancy notice merely specified the number of redundant employees and listed their job profiles in general terms. Controversially, the company also noted the employees' eligibility for retirement in the notice.
The Supreme Court recently issued a decision that deals with two specific issues concerning employee demotion and employer 'mobbing' conduct (ie, bullying in the workplace). The decision is particularly relevant, as it excluded employer liability related to mobbing because the employee submitted no evidence of employer misconduct.
The Supreme Court recently issued an important decision that deals with two specific issues: anonymous whistleblowing and the boundaries of an employee's duty of loyalty in case of the employer's alleged illegal conduct. The decision validates the legitimacy of the whistleblowing system, allowing its use in order to collect information about the misconduct, but also underlines the system's limits.
The labour minister recently issued a circular containing practical instructions for the mandatory mediation procedure for dismissals for objective justified reason under the recent labour reform legislation. Failure to comply with these steps may be used against the employer in litigation, so companies are advised to consider them closely.
One of the most innovative changes introduced by the recent Fornero labour reform is a special streamlined procedure for cases relating to appeals against dismissals and issues of employment qualification linked to dismissals. The Milan Labour Court is now dealing with the application of this new procedure. In two recent cases brought by employees, certain procedural issues were addressed differently by judges.
Labour Minister Elsa Fornero's recent reform has introduced important changes regarding dismissals. One of the most debated aspects of the reform is Article 18 of the Workers Statute, the structure of which has been significantly revised. The new structure provides for various consequences regarding different reasons for unfair dismissal.
Recent labour reforms spearheaded by Labour Minister Elsa Fornero have introduced important changes regarding dismissal, so-called 'social safety valves' and flexible working. Among other things, dismissals are now subject to new mandatory procedures, and fixed-term employment agreements may be established with no reason given for the contract term not exceeding 12 months.
The Court of Milan has held that an employer was wrong to impose disciplinary measures on a union leader for carrying out union activities during working hours using his employer's IT systems. The decision is particularly significant because computer metadata was used as evidence to support the claim against the union leader, in an attempt to prove that he carried out union activities during working hours.
The Supreme Court recently ruled on the case of an employee who deleted a large quantity of data from the hard disk of his employer's computer and removed the back-up CD-ROMs. The court considered the criteria for the crime of malicious damage to a computer system; its findings have significant implications for employers.
The case of a bank clerk who was terminated on the basis of information uncovered through email monitoring has clarified a potentially problematic issue for employers. A Supreme Court decision addresses the nature of defensive monitoring, which is intended not to ensure that employees are carrying out their work correctly, but to detect wrongful conduct that may harm the employer's assets.
The Supreme Court has confirmed a well-established rule of case law, holding that the dismissal of an executive without notice is wrongful if the employer does not issue a reprimand letter and provide for a period in which the individual can respond in his or her defence.
A new provision has come into force whereby local and company collective agreements signed by the "comparatively most representative" trade unions will apply to all employees. Despite the benefits claimed for the change, some experts have criticised it as unclear and potentially disruptive. The employers' association Confindustria and Italy's three largest trade unions have effectively agreed to a moratorium on applying the rule.
The Supreme Court has recently confirmed the opinion of previous court decisions that employers which hire full-time employees from so-called 'workers' mobility' lists in redundancy procedures are not eligible for financial aid under Article 8 of Law 223/1991 if the new employer is a transferee in the case of a business branch lease.
In a recent case an employee who was transferred to another employer as a result of a merger claimed that the normative rules and system of remuneration provided by the transferor should continue to apply in respect of his supplementary pension scheme arrangements and health insurance.
The Supreme Court has recently re-examined the criteria to apply to redundancies where an employer has no alternative to dismissal. It held that an employer had acted lawfully in reaching an agreement with the trade unions whereby the employees to be made redundant would be chosen from among those eligible for pension benefits.