Recent decisions of Supreme Court of Cassation.
The Court of Cassation establishes the following principles:
1) For the Cassation, the objective negative economic course of the society doesn’t constitute a presupposition that the employer necessarily has to feel for justified objective motive in case of dismissal of an employee
2) For the Supreme Court the “giustificatezza”, typical of the managerial category, in fact, can be based (due to the particular nature of the relationship of trust) on objective questions, provided they are appreciable in terms of law.
3) For the Cassation, the intimidating acts of the employer, by means of sentences aimed at obtaining the resignation of their employee, would endanger the moral and mental freedom of the latter.
4) For the Cassation, the employer’s trust may be compromised, not only as a result of specific contractual defaults, but also due to extra-business practices that have a reflection, even if only potential but objective, on the functionality of the employment relationship .
5) For the Court of Cassation, where the economic-functional link between the companies is such as to lead to the simultaneous and indistinct use of the same work performance in each of them, there is a single center for assigning work relationships.
