The motivation: “Taking into account the nature and extent of the injury, the duration of the absolute inability established by the insurer was extremely excessive”
Taranto – The Labor judge of the Court of Taranto, Raffaele Ciquera, sentenced Acciaierie d’Italia, formerly Ilva, to reintegrate an employee into the workplace, Angelo Valentini, who had fired, as well as to pay him an indemnity “commensurate with the final global salary for 12 months in addition to the monetary revaluation”.
The dismissal was made by the company that accused the employee of having traveled on a scooter, from 5 to 7 September 2019, although in those days, as per the Inail certificate, he was absent from work due to “absolute temporary disability”. In an accident at work that occurred on 5 August 2019, Valentini had indeed reported the sprain of the right wrist and the compound fracture of the ulnar styloid – the latter diagnosed late due to the unavailability of Inail radiology -. The worker had been subjected to bring plaster for 20 days.
The ctu at the hearing, writes the judge, “specified that taking into account the nature and extent of the injury, the duration of the absolute inability established by the insurer was extremely excessive” and that when the employee used the scooter “on the basis of a statistical consideration, the healing had already taken place accomplished“.
For the magistrate in the conduct of Valentini “there is no non-fulfillment” with respect to what was established by the Court of Cassation, for which “the conduct of the worker who endangers recovery by carrying out activities, even if not working, during the period of suspension from work due to illness constitutes a serious non-fulfillment”.
For the judge, “the excessiveness and incongruity of the assessment of the period of temporary incapacity made by the institute are circumstances that must certainly be kept in mind in the elaboration of the judgment”. For the magistrate, therefore, the dismissal of Valentini “is without just cause and Justified reason“.
The lawyers Silvia Torsella and Pino Altamura together with Uilm supported the employee in court. “The umpteenth lawsuit won – they comment Antonio Talò and Gennaro Oliva of Uilm – restores dignity to a worker. As a trade union, we continue without hesitation in defending the rights of workers ”.