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Disciplinary dismissal for just cause

  • Freshfields Bruckhaus Deringer LLP
  • -
  • Italy
  • -
  • July 1 2011

If an employee is dismissed for just cause following a disciplinary proceeding, it is not possible for the employer to add new circumstances - different from those originally contested - to sustain the just cause, according to a recent ruling from the Supreme Court

Monitoring activities and just cause of dismissal

  • Freshfields Bruckhaus Deringer LLP
  • -
  • Italy
  • -
  • July 1 2011

The prohibition under national law against monitoring employees' activities through audio-visual devices does not apply when it comes to guarding a company's assets - and the Supreme Court has stressed that it is possible to install cameras for reasons of organisation, productivity and safety at the workplace

Fixed-term employment contracts

  • Freshfields Bruckhaus Deringer LLP
  • -
  • Italy
  • -
  • July 1 2011

A recent Supreme Court decision makes it clear that the technical, productive, organisational or substitutive reasons on the basis of which it is possible to enter into a fixed-term contract must be specified by the employer in a precise and detailed manner

Objective dismissal for decrease in turnover

  • Freshfields Bruckhaus Deringer LLP
  • -
  • Italy
  • -
  • July 1 2011

The Italian Supreme Court has ruled that a decrease in turnover can justify the objective aspect of dismissal, particularly when it is not possible to re-appoint an employee under activities appropriate to his level