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Stanchi Studio Legale | Italy | 15 Sep 2021

Supreme Court of Cassation recognises subordinate nature of employment contracts with freelance journalists

In a recent decision, the Supreme Court of Cassation highlighted that a freelance journalist's duty to respect specific deadlines was necessary when determining their work as subordinate employment, whereas the non-exclusive nature of their employment agreement with a company was not.
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Stanchi Studio Legale | Italy | 31 Oct 2018

Supreme Court finds that recordings of employer-employee discussions can be used as evidence in lawsuits

The Supreme Court recently examined the use of recordings of employer-employee discussions as evidence in a lawsuit and provided a number of useful principles in this regard. For example, this type of recording can be used as evidence if at least one of the individuals involved in the recorded discussion is a party to the lawsuit and the party against whom the recording has been filed as......
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Stanchi Studio Legale | Italy | 18 Jul 2018

Supreme Court finds dismissal unlawful due to use of investigator to monitor job performance

The Supreme Court recently found that a dismissal for just cause is unlawful if the employer uses an investigator to monitor an employee's job performance. The ban on the use of investigative agencies also applies to activities carried out by employees off their employer's premises and renders investigative reports unusable unless they concern behaviour that suggests criminal activity.
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Stanchi Studio Legale | Italy | 9 May 2018

Employees can be dismissed if job is eliminated in company reorganisation

The Supreme Court recently found that in the case of a dismissal of an executive due to cost reductions, the main requirement is that the company's reorganisation process must be genuine. Employers are not required to prove that they are in economic difficulty. Rather, it is enough for them to demonstrate that the employee's job will no longer exist due to organisational changes.
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Stanchi Studio Legale | Italy | 28 Feb 2018

Supreme Court decision on use of cameras in workplace and protection of employee dignity and privacy

The Supreme Court recently stated that an employer that installs a camera in its workplace to monitor an employee's activity can be found guilty of a crime under Decree-Law 196/03, even if the camera was installed to protect goods and property. The court found that the dignity and privacy of the employee in question were more worthy of protection than the economic value of corporate goods and......
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Stanchi Studio Legale | Italy | 20 Dec 2017

Supreme Court finds that whistleblowers cannot be dismissed for just cause

The Supreme Court recently found that an employee who notifies the judicial authorities of facts relating to his or her employer which constitute evidence of criminal activity cannot be dismissed for just cause. As regards the disciplinary liability of whistleblowing employees, it is insufficient for a complaint to be unfounded, as this does not prove that the complaint was slanderous.
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Stanchi Studio Legale | Italy | 18 Oct 2017

Employee challenges dismissal following transfer of undertaking

An employee recently challenged her dismissal, claiming that she had been employed by a cooperative as a cleaner in a healthcare structure under a contract between the two parties. The healthcare structure was subsequently incorporated into another company, which decided to internalise the services performed by the cooperative and terminate the contract between the two parties. The Court of......
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Stanchi Studio Legale | Italy | 9 Aug 2017

Supreme Court decides on dismissal of employee who left workplace without authorisation

The Supreme Court recently issued a decision concerning an employee's dismissal for just cause on the grounds of leaving the workplace without authorisation and conducting his work in a different location. The Supreme Court has repeatedly confirmed that the existence of a just cause for dismissal must be established in relation to the seriousness of the employee's conduct and the......
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Stanchi Studio Legale | Italy | 17 May 2017

Supreme Court overturns Employment Tribunal decision regarding employee breach of company IT policy

A recent Supreme Court decision found that if an employee breaches internal policies regulating access to and use of a company's IT systems, he or she can be prosecuted for illegal access to an IT system under Article 615ter of the Criminal Code. The case concerned an employee who sent three emails to which he had attached a database regarding company know-how and files containing data on the......
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Stanchi Studio Legale | European Union, Italy | 8 Mar 2017

Supreme Court finds that employees not granted right to continue employment with new contractor

In a recent decision, the Supreme Court stated that in the case of a change of contractor, employees of the previous contractor are not automatically granted the right to continue their employment relationship with the new contractor, as provided for by Article 2112 of the Civil Code, which relates to the transfer of an undertaking. The case concerned the termination of a parking service......
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