Reilly & Tesoro renews the partnership with 24ORE Business School
We are delighted to announce the renewal of the partnership with 24ORE Business School also for 2021.
Trade union agreement pursuant to art. 4(11) of Law 223/1991
A worker, who in adhering to the union agreement accepts a demotion, cannot be dismissed Court of Cassation, employment section, judgment no. 701 of 18th January 2021 The employer may not unilaterally disregard the union agreement that - in…
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Oral dismissal: burden of proof on the employee
The mere final cessation in the performance of the services arising from the employment relationship is not in itself suitable to provide evidence of dismissal,…
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Fraudulent Dismissal
The subsequent dismissal of an employee who had been previously reinstated and then transferred to a business unit in which a reduction in staff had already been planned, was found to be null and void Court of Cassation, Employment Section, Judgment…
Chiara Perrone to lecture at the Catholic University of Milan
Chiara Perrone to lecture «The management of the employment relationship: employers' and employees' rights and obligations»
Disciplinary sanctions: limits to the Judge’s power to redetermine them
The Judge may not replace the employer in deciding on the level of disciplinary sanctions, except to reduce them to within the permitted limiti or at the request of…
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Damages for demotion and burden of proof
With the judgment under discussion, the Court of Cassation confirms the rule that, in presumptive evidence, the onus of proof is on the plaintiff to provide evidence of…
Binding effect of company level collective bargaining agreements
Company collective agreements apply to all company workers, even if they are not members of the union(s) signing same, with the exception of those workers who, by joining a different trade…
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Legitimate controls on an employee who harasses a colleague and accesses her husband’s bank account
Controls by an employer on an employee, done retrospectively, are allowed in order to ascertain whether a crime has been committed Court of Cassation, employment section, judgment no. 25977 of 16 November 2020 In the case in…
Waivers and settlement agreements: purpose and interpretation
The aim of the settlement agreement must be identified not in relation to the wording used by the parties, but in the context of their contrasting interests Court of Cassation, Employment Section, 23 October…
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