While a recent order of the Labour court of Rome extends the prohibition on dismissals for objective reasons as per Law April 24 2020 n.27, a recent ruling by the Spanish Labour Court of Barcelona states that dismissal for justified objective reasons based on the economic losses suffered as a result of the pandemic is […]
Freezing layoffs limits (in Spain) the freedom of enterprise
by Salvatore Trifirò While a recent order of the Labour Court of Rome (February 26, 2021) extends the prohibition on dismissals for objective reasons as per Law 24 April 2020, n. 27, a recent sentence by the Spanish Labour Court of Barcelona states that dismissal for justified objective reason based on the economic losses suffered […]
Do you use Facebook at work? You risk your job (for real)
Do you use Facebook at work? You risk your job (for real) By Stefano Trifirò Cases of dismissal for having published photos or comments on Facebook, or because cameras took pictures that were then used to undertake a disciplinary procedure against a worker are increasingly on the agenda. The law firm Trifirò & Partners, specialized […]
The right to criticism and satire in the workplace
The right to criticism and satire in the workplace Five employees have been dismissed for cause, because at the workplaces, they represented a sort of play where the managing director was hanged and at the same time, he left (in the “play”), a will. The Court of Appeal, changed the decision of the first instance […]
Dismissal for cause: during sick leave an employee conducts such activities as to endanger his recovery
Dismissal for cause: during sick leave an employee conducts such activities as to endanger his recovery The worker was dismissed because during his sick leave he conducted heavy duty activities for his own interests. Such heavy duty activities impinged on his chances to a quick recovery and justify the dismissal. The Court of Appeal of […]
Employers may use the Fornero procedure to ascertain the legitimacy of a dismissal
Employers may use the Fornero procedure to ascertain the legitimacy of a dismissal Edited by Anna Maria Corna e Beatrice Ghiani In the case of a female worker dismissed for out-running the statutory period of absence from work, the company appealed for an ascertainment of legitimacy immediately after the recourse of the worker against her dismissal. […]
Fair way dismissal of worker found at a canine show while absent on sick leave
Fair way dismissal of worker found at a canine show while absent on sick leave Edited by Marina Olgiati and Francesco Torniamenti The participation of a worker to a canine show, with his own Pit Bull while on sick leave, and his carrying out a removal of furniture, which was not compatible with his pathology (spine […]
Fair cause upheld where worker is dismissed for consuming food and beverage belonging to the company, regardless of the intrinsic value of said items
Fair cause upheld where worker is dismissed for consuming food and beverage belonging to the company, regardless of the intrinsic value of said items. Edited by Salvatore Trifirò, Francesco Chiarelli, Giampaolo Tagliagambe and Tommaso Targa Fair cause upheld where worker is dismissed for consuming food and beverage belonging to the company, notwithstanding the small value of […]
The just cause for dismissal ignores the criminal relevance of the fact when common decency has been violated
The just cause for dismissal ignores the criminal relevance of the fact when common decency has been violated Case Law In this case, the company fired the head of staff who, motivated by punitive intent towards an employee subordinate, who treated him with a “special surveillance”, psychologically intimidating and threatening dismissal, with meticulous control of […]