Italy: Unfair/ Wrongful Dismissal

La Corte di Cassazione ha stabilito che il verbale del medico fiscale fa piena prova solo dei fatti direttamente constatati, non delle interpretazioni. Le diciture come "sconosciuto/irreperibile" possono...

The Italian Supreme Court has ruled on the evidentiary value of medical examiner reports in disciplinary dismissal cases involving employee unavailability during medical check visits.

The Court of Cassation's Joint Sections has issued a landmark ruling clarifying the procedural rights of employees who are dismissed while lacking mental capacity to understand or respond to their termination. This decision addresses a critical gap in Italian employment law by establishing new time limits for challenging dismissals when workers are unable to comprehend the legal consequences of their termination. The ruling balances employee protection against employer certainty in dismissal proceedings.

Under the Italian legal system, before serving an individual dismissal due to objective justified reasons, the employer is required to assess the possibility to relocate within the company's organisation...

Italy has introduced additional notification and consultation obligations on employers of 250+ staff when planning plant, branch or office closures.

The Supreme Court of Cassation, in its Order no. 21172/2021, established that a director's waiver of remuneration may be expressed by their conclusive conduct that unequivocally reveals their intention...

È' ormai a tutti nota la volontà del Governo Renzi di abolire la norma che prevede la c.d. tutela reale in ipotesi di licenziamento illegittimo del lavoratore.

According to the Italian Supreme Court the letter of dismissal/firing delivered to an employee by the employer has to include with a high level of accuracy facts that are considered a severe violation of disciplinary duties.

The financial crisis is having a significant impact in the field of employment, with an increase in dismissals for an objectively justified reason (giustificato motivo oggettivo) as employers seek to reduce their business costs.