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Italy / Court of Cassation, Labour Section / 41

C.V. v Radio dimensione suono

Policy area:
Employment and social policy
Deciding Body type:
National Court/Tribunal
Deciding Body:
Italy / Court of Cassation (Labour Section)
Type:
Decision
Decision date:
03/01/2013

Key facts of the case:

C.V. was fired illegitimately by the Company where he worked. He sued the Company because he wanted to receive not only the salary that he did not earn as a result of the dismissal but also payment for damages suffered, though he refused the offer by the Company to hire him again. - Labour, - the case questions the possibility of the employer to avoid paying for the damages suffered after the employer had tried to hire again, the employee previously fired illegitimately and the latter refused the offer. According to the Court, such payment is meant to avoid abuses by employers in line with the need for an effective protection of employees pursuant also to article 30 of the EU Charter of Fundamental Rights.