Italian Jurispridence on dismissals, injury at work and transnational posting
As a result of a collective dismissal procedure, the employer must ensure the permanence, within the concerned company, of the same percentage of female employees which was employed before the commencing of such procedure (Supreme Court’s decision No. 26454 dated September 29, 2021).
The dismissal for just cause imposed in the “grace” period during which an employee cannot be dismissed (i.e., Periodo di comporto in the Italian legal parlance) is lawful if, during the absence due to illness, the employee put in place behaviors that violate the duties of correctness and good faith (Supreme Court’s decision No. 26709 dated October 1, 2021).
For the purpose of dismissal, the employer can lawfully procure a message published by the employee on his Facebook profile, in which he seriously offended his direct superiors in the company (Supreme Court’s decision No. 27939 dated October 13, 2021).
Injury at work
No compensation is due to an employee who gets injured on her way to, or from, the cafe for a coffee break. The risk run by the employee of a judicial office, in fact, being the result of an arbitrary choice of said employee, excludes the possibility of using the INAIL coverage for accidents at work (INAIL is the National Institute for insurance covering accidents at work). This principle was established by the Supreme Court which granted INAIL’s petition against an employee of the Florence public prosecutor's office who obtained insurance protection for having suffered a wrist injury while, with the authorization of her boss, she left the office to go to a cafe (Supreme Court’s decision No. 32473 dated November 8, 2021).
The National Labor Inspectorate (INL) and the Ministry of Labor have published the joint note No. 1659 dated October 29, 2021, by which they provided some clarifications on the new forms in use for the communication of transnational postings governed by Legislative Decree No. 136/2016, recently amended by Legislative Decree No. 122/2020.
Avv. Guido Brocchieri
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