dismissal Archivi - Trifirò & Partners Avvocati

Is Blocking Dismissals Illegitimate?

25 March 2021
Published in Video News
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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…

Freezing layoffs limits (in Spain) the freedom of enterprise

6 March 2021
Published in T&P Magazine EN
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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…

The right to criticism and satire in the workplace

26 June 2018
Published in T&P Magazine EN
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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…

Dismissal for cause: during sick leave an employee conducts such activities as to endanger his recovery

16 May 2018
Published in T&P Magazine EN
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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.…

Employers may use the Fornero procedure to ascertain the legitimacy of a dismissal

5 January 2018
Published in T&P Magazine EN
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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…

Fair way dismissal of worker found at a canine show while absent on sick leave

8 December 2017
Published in T&P Magazine EN
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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…

Fair cause upheld where worker is dismissed for consuming food and beverage belonging to the company, regardless of the intrinsic value of said items

3 December 2017
Published in T&P Magazine EN
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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,…

The just cause for dismissal ignores the criminal relevance of the fact when common decency has been violated

18 January 2017
Published in T&P Magazine EN
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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…