Unlawful Dismissal: Opting for Compensation in Lieu of Reinstatement Voids the Right to NASPI
25 September 2026
In the event of an unlawful dismissal, NASPI benefits received between termination and the reinstatement order do not have to be repaid to INPS if the employment relationship has not been effectively reinstated, as mere de jure reinstatement is insufficient. However, exercising the option for substitute indemnity results in the voluntary termination of the employment […]
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 […]European Court of Justice: Law applicable to employment contracts in the event of a change in the place of work
26 January 2026
In its judgment of 11th December 2025 (Case C-485/24), the European Court of Justice provided an interpretation of the Rome Convention on the law applicable to contractual obligations, with specific reference to transnational employment contracts. The issue arises from a dispute over the challenge to a transport company's dismissal of a driver based in Luxembourg. […]The cap of six-monthly salaries on compensation for unlawful dismissal in small enterprises is unconstitutional in Italy
31 July 2025
The Constitutional Court has again ruled on the legitimacy of section 9, para. 1, of Legislative Decree No. 23/2015, which governs the protection granted to employees who have been unlawfully dismissed by companies staffing fewer than sixteen employees. This time, the Italian Court found the provision unconstitutional insofar as it limits the maximum compensatory indemnity […]When can a rude employee be dismissed?
31 October 2024
It is lawful to dismiss an employee who addresses customers in a rude and aggressive manner. The case stems from an appeal made by an employee, a butcher counter clerk at a supermarket, who was dismissed for just cause by his employer. The dismissal was due to the employee addressing a customer in an aggressive […]The CJEU on a different term to challenge the dismissal of pregnant employees
29 July 2024
The regulatory treatment of pregnant employees is a particularly sensitive issue in any jurisdiction. A recent case occurred in a similar scenario and requested the intervention of the Court of Justice of the EU, which, in ruling on German legislation, shared a principle of law potentially applicable to each member State. An employee hired by […]Limits of the repêchage duty in redundancy cases
18 July 2024
The repechage duty must be limited to lower duties compatible with the employee's skills, professional background and training at the time of dismissal. In the case at issue, some employees challenged the dismissal, complaining that it had not been pre-ceded by an assessment of their possible repêchage, meaning their assignment to a different job that […]Dismissal of an employee who refuses to move from a part-time to a full-timeregime
21 November 2023
An employee who refuses to amend his employment relationship by accepting a full-time schedule may be dismissed because the part-time work cannot be used, but not because of the refusal standing alone. In its Order No. 29337 of 23rd October 2023, the Supreme Court stated that, in the event of a refusal to transform the […]