Although the worker’s actions are reprehensible to the extent that the national employment contract stipulates dismissal, they must be evaluated by the principle of proportionality that allows the contract not to be applied in a granite manner and allows competent judges to interpret the most appropriate interpretations of it. Disputed facts, ordering the reinstatement of dismissed workers even when the collective rules do not explicitly provide for reinstatement. Translation from the legal language of the Supreme Court of Cassation: Even if the facts that the company contests against the worker require dismissal, it is necessary to evaluate on a case-by-case basis, the dismissal can be waived and the judges can order his reinstatement.
Worker status
It is the new principle that was defined in the case of the Alfa Romeo worker from Cassino, who works at the Stellantis plant: he was dismissed because he had insulted a colleague who had become engaged after having had an affair with him. These insults, under the contract, provide for dismissal: this was confirmed by the first instance labour judge as well as the appeal.
Sentence
But in the Supreme Court, the case was returned to its true dimensions: a spectacle, out of place, and punishable. But not with dismissal. The judges accepted the argument of the Cassina worker’s defenders, Sandro Salera and Carlo Beneducci. After six years, the worker must be reinstated and must be paid all unearned wages.
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