Case Law - (29/03/2007)
Authority: National Courts: Merit's Courts (Italy) - Corte di Appello di Roma
Subject: In case of dismissal for reasons concerning productive activity, the jurisdictional control cannot involve the entrepreneur’s decisions, but he must demonstrate the impossibility of assigning the workers to equivalent functions and that he has not recruited new workers for similar tasks for an adequate period of time after the dismissal.
The legitimacy requirements of the entrepreneurial decision and the numerical requirements for the enforceability of “real protection” (possibility for the judge, in case of unjustified dismissal, to order the employer to reinstate the dismissed worker), in case of firm with registered office abroad, must be valued taking in consideration not only the Italian firm, but also the firm in its entirety.
Parties: Lipsarsen c/ Finnair Oyj
Original language: Italian
Classification: Solidarity - Art. 30 Protection against unjustified dismissal