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17 03, 2026

Driver who tested positive for drugs reinstated if he chooses to undergo rehabilitation

2026-03-17T17:04:18+01:0017 March 2026|Information Notes|

An employee classified as an “operations officer […] with driving duties” tested “positive […] in a screening test for the use of narcotic/psychotropic substances” whilst his driving licence was suspended pending renewal in July 2022. In September 2022, the occupational health doctor “offered him a detoxification programme, to which he agreed”. Subsequently, the same employee [...]

17 03, 2026

Discrimination in the selection of Non-Ue candidates

2026-03-17T16:55:20+01:0017 March 2026|Information Notes|

In its judgment No. 144 of 13–15 January 2026, the Court of Milan ruled that the recruitment policy adopted by a well-known multinational employment agency was discriminatory. In particular, the Agency was penalised for adopting a rule that excluded non-EU nationals holding a residence permit with a remaining validity period shorter than the duration of [...]

17 03, 2026

The trasnfer of an employee due to “incompatibility with the Company”

2026-03-17T16:50:58+01:0017 March 2026|Information Notes|

An employee of a cooperative, who had been assigned to carry out a contract at a client company, was transferred following the client’s withdrawal of its ‘approval’. Following an appeal, the trial judges had ruled that the transfer was unlawful, holding that such a measure could only have been lawfully adopted on the basis of [...]

17 03, 2026

The dismissal of an employee who, during a telephone conversation, speaks in an angry tone but does not threaten the head of personnel is without just cause

2026-03-17T15:55:56+01:0017 March 2026|Information Notes|

It is worth noting, as it applies general principles regarding ‘just cause’ under Article 2119 of the Civil Code, as established in the case law of the Supreme Court, Order No. 3146, published on 12 February 2026, in which the Court of Cassation held that a telephone altercation between an employee – a manual worker [...]

17 03, 2026

Accessing a dismissed employee’s emails constitutes a breach of privacy

2026-03-17T15:50:22+01:0017 March 2026|Information Notes|

In Newsletter No. 542, dated 29 January 2026, the Data Protection Authority reported on a recent decision concerning access to an employee’s email address. In particular, the Authority stated that the content of an employee’s emails and related attachments, as well as the contact details in such communications, fall within the concept of correspondence and [...]