Collective dismissals: management unions cannot be neglected
According to the Cassation, the managers’ unions must also be involvedAs is known, the Italian Legislator, with art. 16 l. October 30, 2014, n. 161, has for some time provided for the harmonization of the internal legislation with the community obligations deriving from directive n. 98/59 / CE, also applying to managers the protections provided […]
The manager can be dismissed to save money and to reorganize
The individual dismissal of the manager must not be inevitableThe Supreme Court, with sentence n. 87 of 4 January 2019 reiterated that the dismissal of the manager is always legitimate when the withdrawal was decided by the employer in good faith and within the exercise of the economic freedom protected by the art. 41 of […]
Recent sentences of cassation on dismissal
Dismissal, conduct, extraordinary leave for assistance to the family The Supreme Court with sentence n. 5425 of 2019 has recently expressed in favour of the legitimacy of the dismissal imposed, following the staff reduction procedure, on a worker on extraordinary leave for assistance to a handicapped person.According to the Cassation, in fact, the art. 4 […]
Labour Report 2018 by Legalcommunity
The new report published by the Legalcommunity research centre, who focus on investigations into Labour.The research aims to compile a classification of both independent lawyers and law firms with value indications (A – first band, B – second band, C – third band) corresponding to the band positions of the active firms in the labour […]
Checks on the work performance of the employee by an investigative agency
With the recent judgment no. 21621/2018, the Court of Cassation intervened again on the difficult question concerning the legitimacy of an appeal, by the employer, regarding the supervision of an employee’s work activity by an investigative agency.The case submitted to the Supreme Court concerned the appeal of a dismissal for a just cause, ordered because […]
The workers’ assembly can also be called by the single member of the workers of the RSU (Unitary workplace union structure)
If they have been elected on the list of a union that has entered into the CCNL (National collective bargaining employment contract) or at least participated in the negotiations.With regard to trade union representation, the recent judgment no. 26011/2018 of the Supreme Court dictates that each member of the Unitary Workplace Union Structure (RSU), where […]
Being a trade unionist can be an aggravating factor
In this case the defaulting behaviour can be assessed with greater severity.Repeatedly defaulting by a worker (in this case, for repeated early termination of work) despite previous appeals, constitutes an insubordination. This is recognisable in the amount of relevant disciplinary actions, which can reflect this behaviour in the application of dismissal for just cause.The fact […]
Non-pecuniary damage must be proven by the worker
It is not automatically accepted in the event of an accident.As is known, following an accident at work related to an unlawful act by the employer, the employee can request, pursuant to art. 2059 of the Civil Code, compensation for any non-pecuniary damage sustained, in three cases: a) when there are extreme violations, possibly due […]
For the Court of Cassation the trial agreement can be repeated
For the Court of Cassation the trial agreement can be repeated.In the succession of the contract, but also between the same stipulating partiesBy order of 11 July 2018, n. 18268, the Court of Cassation considered the dismissal of a worker who had previously rendered services with equal rights to a different employer and under the […]
Legitimacy of dismissal justified by precedents
Legitimacy of dismissal justified by precedents.Precedents are relevant even if they have not been mentioned in the counterclaim.As is already known, in accordance to clause 2 of Article 7 from legislation 300//70, the employer cannot, with just cause, dismiss their employee without having previously notified them of the disciplinary charges on which the dismissal is […]