When publication on Facebook contributes as evidence for fairway dismissal
When publication on Facebook contributes as evidence for fairway dismissal It is a fact known that social networks can violate personal privacy as the story of Cambridge Analytica as proved. The use of Facebook can also be the cause of dismissal. A decision of the Supreme Court ruled that an employee who had posted insulting remarks: this shitty job breaks my balls on his Facebook page could be dismissed for cause. That publication moreover qualifies as defamation as the person insulted can easily be identified and the blog could be read by a large number of people. In another case …
The unjustified absentee worker can not be dismissed because of the need to assist the depressed daughter
The unjustified absentee worker can not be dismissed because of the need to assist the depressed daughter A serious family reason, supplemented by the serious postpartum syndrome of the daughter, should be considered in assessing the missing employee who does not submit the forms requesting leave. Assisting the daughter affected by severe postpartum depression justifies the failure to send the permit to take leave: it can not, therefore, trigger the dismissal for just cause of the employee who is unjustifiably absent. The Supreme Court ratified this with sentence 1922/18, filed January 25. The conduct alleged against the woman and which …
The manager is entitled to compensation for loss of chance if the company does not assign him objectives to be achieved
The manager is entitled to compensation for loss of chance if the company does not assign him objectives to be achieved The pecuniary damage is linked to the possibility of obtaining an economic advantage according to an evaluation to be carried out ex ante. The manager is entitled to compensation for loss of chance if the company has not assigned him the objectives to be achieved. The damage, of a patrimonial nature, does not consist of the loss of an economic advantage but in the mere possibility of achieving it according to an evaluation to be carried out ex ante. …
Employee is an “on call” worker if he falls within the company organization and is paid by the hour
Employee is an “on call” worker if he falls within the company organization and is paid by the hour The cash-desk operator in the betting center may be considered as payroll worker, where he is part of the company organization and is still paid in proportion to the hours worked. Thus, the subordinate relationship between the betting center and the employee who collects the installments is set up and pays the winnings where it is not paid on the basis of net cash receipts. And this even if from time to time has the right to join or not the …
What happened at the Spring Labour & Employment EMEA Clinic
What happened at the Spring Labour & EmploymentEMEA Clinicn The attorneys Giacinto Favalli and Valeria De Lucia the 14th and 15th of March 2018 took part in the Spring Labour & Employment EMEA Clinic in London, organized by Squire Patton Boggs, one of the foremost Law Firms in the world. Trifirò & Partners works with the Firm on numerous cases of Italian companies located abroad and conversely. During the forum the Colleagues got in touch with American, British, Australian and European corporations, already present in Italy or which have planned to enter in the Italian market, focusing the attention on the current …
The company email does not nail the worker for lawful dismissal because the server is in the hands of the employer
The company email does not nail the worker for lawful dismissal because the server is in the hands of the employer Excluding the probative value of the messages acquired from the employee’s account: this is correspondence that required certain guarantees or abstract documents that could be altered by the company. There is no dismissal for just cause of the worker if the dispute is on the company’s email account. The Cassation confirms this with the sentence 6425/18, published on March 15 by the employment section in the context of the same sequence of events in 5523/18. Identity and identifiability The …
“Brothers, knives”: the bond of subordination “enters” into the family
“Brothers, knives”: the bond of subordination “enters” into the family Constant respect of work hours that coincide with the opening to the public of a commercial activity and the payment of a monthly fee at regular intervals are the two conditions which, when proved, allow the performance rendered by a sister to be classified as a payroll worker activity owned by the brother. This is the rule of law expressed by the Supreme Court in decree n. 4535 of 27 February 2018. At first instance, the subsidiary was referred to the Court of Turin to claim against her own brother, …
Isgrò vs Waters: a landmark decision
Isgrò vs Waters: a landmark decision In the case pitting the famous artist Emilio Isgrò against Roger Waters charged with counterfeiting the notorious erasures of the artist an accord has been reached. The case was largely covered by the social media and the press La Repubblica wrote “Roger copied in good faith”. La Sicilia (newpaper) wrote “Isgrò forgives Roger Waters”. Il Messaggero titled “Peace is made between Roger Waters and the artist Emilio Isgrò”. The artist, counseled by Salvatore Trifirò and Francesco Autelitano, had sued Waters for copyrights infringements for the cover of his album “Is this the life we …
Tablet & other devices do not need an accord
Tablet & other devices do not need an accord Edited by Stefano Trifirò and Federico Manfredi According to Amazon, “the smart bracelet was designed to improve performance and efficiency of warehouse workers and therefore the quality of the service offered to the consumers” says Stefano Trifirò (Senior lawyer Trifirò & Partners). He adds that this bracelet can be used without an accord with the Union. This maybe viewed as form of control made necessary from an organizational and productive stand point which also amounts to a control the activity of the workers. So Amazon could ask and obtain the authorization to …
The Weinstein case impacts companies: remedies
The Weinstein case impacts companies: remedies Edited by Salvatore Trifirò and Paolo Zucchinali Media have extensively reported the Weinstein case and have triggered debates over the propriety and toleration of certain conducts in show business and at the workplace in general. The question raised, however, is the following: what is to change at the workplace? Are looks to be banned, alongside flirtation? And how does that fit in with gender equality? In America, companies are scrambling to draw up new rules of conduct at the workplace. The concern of companies is also that where the offence is subject to the statute …
