The ruling of the Supreme Court of 23 June 2023, n. 18070, states two principles: a) the dismissal ordered in violation of the terms established by the collective agreements gives rise to the mere weak compensation protection provided for by the sixth paragraph of the art. 18 of the Workers' Statute. In this sense, the Supreme Court confirms its previous orientation (see, most recently, Cass., 21 April 2023, n. 10802),…
A recent ruling by the Court of Turin overturns the thesis of a dismissed employee, who claimed to be continuously monitored by his superiors in his activity of verifying the work contracted out, with the consequent lateness and unfoundedness of his immediate #dismissal (motivated by the payment of large undue sums to some contractors and subcontractors).At the end of a truly complex testimonial test, the sentence ascertains that the employee…
The Court of Cassation, in sentence no. 10056 published today, 14 April 2023, once again reiterates a principle that must be kept in mind in negotiations aimed at the renewal of collective agreements: if a behavior is included among the infractions that the collective agreement punishes with dismissal for just cause, the provision is not binding the Judge, who remains free to evaluate whether, despite the "scale of values formulated…
I am pleased to report an interesting ruling today from the Court of Busto Arsizio which rejected the appeal of the dismissal for just cause ordered by a company I assisted to an employee who had received money from a user.The user and a neighbor of hers were heard as witnesses, but, while confirming the facts, they stated that the person who went to their house was not the worker…