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Non-existence of the fact at the base of the dismissal for objective reasons: reinstatement is the only applicable protection

  • 07/05/2019

With the judgment no. 7167 of 13 March 2019, the Court of Cassation has clarified which legal protections are applicable to the dismissed worker, pursuant to art. 18 Stat. Lav., in the event of non-existence of the fact at the base of the dismissal for objective reasons.

The Supreme Court affirmed that the expression "may also apply", pursuant to art. 18, paragraph 7, Stat. Lav., does not give to the judge any considerable discretion with regard to the sanction to be applied, given that, if the fact is characterized by the "non-existence", it will be applicable the reintegration of the worker in his workplace, pursuant to the discipline as per paragraph 4, art. 18 Stat. Lav.

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