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Palazzo Giustizia Napoli

ACTUALITY OF THE ANTI-UNIONAL CONDUCT – COURT OF NAPLES, SENTENCE NO. 5714/2020

2 December 2020Redazione Chiello & PozzoliCase lawAnti-union conduct, Employer, Trade union

A call-centre company filed an appeal pursuant to art. 28 Law no. 300/1970 against the decree no. 10438/2020 which rejected the appeal of a trade union organisation, excluding the existence of anti-union conduct of the company and the recognition of the office of RSU on the part of an employee militant in the applicant trade union.

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THE EXHAUSTION OF DISCIPLINARY POWER AND THE “NE BIS IN IDEM” PRINCIPLE IN PUBLIC SECTOR.

20 November 2020Redazione Chiello & PozzoliCase lawCrime, Disciplinary dismissal, Ne bis in idem, Public employment

It is unlawful to dismiss a public employee, sentenced for the offence of embezzlement, if he had already been sanctioned for the same facts with the disciplinary sanction of the suspension from work and remuneration.

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The Court of Bologna declares the invalidity of the non-competition agreement

8 October 2020Redazione Chiello & PozzoliCase lawNon compete clause
The Court of Bologna, with decree no. 3258 of May 18th, 2020 rejected the urgent appeal proposed by a multinational company against a former employee (manager) for breach of non-competition agreement. The Company complained the violation of the agreement by the former employee and requested the inhibitory of the continuation of the allegedly competing activity...
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If the behavior is not existing it is not “anti-union behavior” – Court of Napoli, decree no. 10438/2020

25 May 2020Redazione Chiello & PozzoliCase law
If the behavior is not existing it is not “anti-union behavior” The Court of Napoli, with decree no. 10438 of May 20th, 2020, rejected the appeal pursuant to art. 28 Stat. Lav. proposed by a trade union against a telecommunications company represented by our law Firm. The trade union complained an anti-union behavior by the...
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Unfair competition ex art. 2598 c.c.

6 April 2020Redazione Chiello & PozzoliCase law

By the judgment of 4 March 2020, the Court of Appeal of Bologna confirmed the judgment issued in first instance which rejected the claim for unfair competition made by a company against a former employee and the company that hired him after the termination of the employment relationship with the plaintiff. In particular, the plaintiff…

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Anti-union behaviour ex art. 28 Law no. 300/1970

2 April 2020Redazione Chiello & PozzoliCase law
A Trade Union organization filed an appeal pursuant to art. 28 Law no. 300/1970 against a Company, claiming that the conducts held towards an employee, appointed as the Company’s Trade Union representative (so called RSA), were prejudicial to the Trade Union organization activities. The alleged misconducts consisted in the removal of the employee from the...
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Court of Milan, February 19th 2019

24 September 2019Redazione Chiello & PozzoliCase law

Employment relationship – INPS Inspection minute

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Court of Appeal of Venice, February 13rd 2019, no. 462

24 September 2019Redazione Chiello & PozzoliCase law

Working time – Labour Territorial Office’s injunction decree

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Sentenza n. 423.2019 Corte d’Appello di Milano.

1 April 2019Redazione Chiello & PozzoliCase law
È giustificato il licenziamento del dirigente, con mansione di Amministratore Delegato, per “semplice inadeguatezza del dirigente rispetto alla aspettative riconoscibili ex ante o [per] un’importante deviazione dalla linea segnata dalle direttive generali del datore di lavoro” e per “grave negligenza e incapacità nelle attività di amministratore delegato”. Così ha chiarito la Corte d’Appello di Milano...
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