Enrico Vella

The unjustified absentee worker can not be dismissed because of the need to assist the depressed daughter

unjustified absentee for depression

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 manager is entitled to compensation for loss of chance if the company does not assign him objectives to be achieved

pecuniary compensation for loss

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 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 […]

Temporary lack of ready money does not justify non-payment of taxes

non-payment of taxes

Temporary lack of ready money does not justify non-payment of taxes Edited by Enrico Vella Temporary shortage of money to pay taxes, resulting from economic hardship, does not qualify as “force majeure”. A taxpayer had made a recourse against the Bergamo Revenue Service, invoking supervening impossibility. The Court of Cassation found that “force majeure” had […]