On 20 August 2023, the Court of Milan granted precautionary protection to a whistleblower, reinstating him in his position.
The worker had complained of economic and psycho-physical hardship for having been involved in some disciplinary proceedings following his whistleblowing on a scheme of falsification of travel documents by some colleagues.
On 24 August 2023, the Federal Labour Court declared the legitimacy of a dismissal without notice of an employee who sent insulting, racist, sexist, and violent comments about managers and colleagues in a private chat group with other colleagues.
On 3 July 2023, the Supreme Court confirmed the principle that the stipulation of equal height for men and women (1.60m) as a requirement for employment constitutes indirect discrimination against women.
The same requirement is neither objectively justified nor relevant and proportional to the duties deriving from the qualification attributed.
On 7 August 2023, the Supreme Court clarified that liability arising from the violation of fundamental rights by the direct employer (the contractor) cannot be extended to the main company in a subcontracting regime since this is an area in which the main company cannot intervene by express legal provision and in which it also has no power of control.
On 17 August 2023, in the case Dr. Kavita Yadav v The Secretary, Ministry of Health and Family Welfare Department and Others (Civil Appeal Number 5010 of 2023), the Supreme Court of India stated that maternity benefits must be granted, even where they extend beyond the duration of a fixed-term employment contract.
It clarified that a woman employed on a fixed-term basis who meets the eligibility criteria for maternity benefit under the Maternity Benefit Act (MB Act) 1961 is, therefore, entitled to the whole 'maternity benefit,' even if the period of that benefit exceeds the duration of the employment contract.
On 13 July 2023, the High Court ruled that the Conduct of Employment Agencies and Employment Businesses Regulations 2022, which removed the ban to hire agency workers while workers were on strike , are unlawful.
The ruling will enter into force as from 10 August 2023.
California's Supreme Court has agreed to review to the constitutionality of Proposition 22, a 2020 ballot measure that classified gig drivers as independent contractors.
On 8 June 2023, the Advocate General of the European Court of Justice (CJEU), in case C‑218/22, ruled that Member States may limit the monetisation of paid annual leave not taken at the end of the employment relationship.
Member States may impose conditions on workers exercising the right to annual leave to encourage their actual use instead of their monetisation.
The preference for the actual taking off paid annual leave is justified by the institution's purpose, which is to allow the worker to rest from the performance of the tasks assigned to him under his employment contract and benefit from a period of relaxation and recreation.