Courts’ authority to interpret the meaning of intrinsically ambiguous expressions
30 July 2026
In its judgement No. 22621, dated July 2nd, 2026, the Italian Supreme Court ruled that medical examination reports drafted using ambiguous phrases (such as “unknown/unable to be located at the address”) do not constitute sufficient evidence to justify dismissal for just cause, and that the resulting ambiguity, when properly analysed, cannot be resolved to the […]
Transnational Employment Relationships: the Court of Justice of the EU on the identification of the applicable law
23 July 2026
Abstract: In its July 9, 2026, ruling in Case C-768/24, the Court of Justice of the European Union clarified that, for the purpose of determining the law applicable to a transnational employment relationship, the criterion to be considered is that of the “closest connection,” which must be assessed based on the objective elements characterising the […]Refusal to transfer or dismissal: for the CJEU, the effective reasons behind the termination shall be taken into account
3 July 2026
The recent judgment released by the Court of Justice of the European Union (CJEU) dated June 4th, 2026 (Case C-907/24) addresses the relationship between dismissal resulting from the refusal of a transfer notice from the originally designated place of work and the rules governing collective dismissals, providing significant clarifications regarding their application. The issue stems from […]Employee’s Duty of Loyalty: Breach of Loyalty Is Independent of Unfair Competition and the Imminence of Resignation.
1 July 2026
A breach of the duty of loyalty (Art. 2105 of the Italian Civil Code) occurs when an employee engages in acts intended to divert the employer’s customers to a competing business. Such unlawful conduct has a broader scope than the prohibition against unfair competition under Article 2598 of the Italian Civil Code and includes preparatory, […]
