Italian rulings: dismissals (reinstatement order and transfer) and Validation of resignations
Dismissal - reinstatement order
According to a recent decision of the Supreme Court, in the event of unlawful cessation of the company activity which generated an unlawful dismissal procedure, the dismissed employees cannot benefit from the reinstatement protection but only from the compensatory one.
In fact, the Supreme Court stated that, where the employer proceeds with unlawful dismissals, the dismissed employees cannot in any case be granted with the reinstatement protection, but only with the compensatory protection (having, likewise, the sanctioning nature of unlawful behaviors). Indeed, the impossibility of executing the reinstatement order is the consequence of a mere factual situation (i.e., the activity cessation), which was already crystallized at the moment of the issuance of the judicial decision (Supreme Court’s decision No. 14084 dated May 4, 2022).
Dismissal - transfer
An employee had judicially challenged the dismissal imposed on him for not having presented himself at the company headquarters where he had been assigned following the reinstatement stated by a court as a result of a previous dismissal declared unlawful. On the basis of the aforementioned claim, the employee had alleged that the transfer, ordered by the employer without any reason, was to be considered unlawful, given that the reinstatement order established that the transfer had to take place in the original place in relation to the same employment duties.
The Supreme Court stated that, in order to assess whether the employee's decision to disregard the employer's transfer order is reasonable, it is necessary to evaluate all circumstances of the specific case, with a view to balancing the opposing interests (Supreme Court’s decision No. 16206 dated May 19, 2022).
Validation of resignations and consensual resolutions
As a result of the cessation of the state of health emergency due to the epidemic caused by COVID-19, the territorial offices of the Labor Inspectorate have changed the procedure for validating the resignation.
Avv. Guido Brocchieri
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