In Scafati, the two Acse employees who were unjustly fired are immediately reinstated. We faithfully report, below, the union's press release:
This is the outcome of the judgment of the Court of Nocera Inferiore - second section of the labor called to evaluate the appeal proposed by the workers: Calabrese Michele and Caliendo Attilio intimated to them about a year ago.
Let's get to the facts.
The ACSE Company, with ease and despite contrary jurisprudence of the Court of Cassation, on the basis of information gathered through some shadowing entrusted to a private agency (with a significant outlay of public money), had the workers Calabrese and Caliendo shadowed in order to pre-establish "evidence" to be able to fire them.
On several occasions, the stalkers, with cameras around their necks, positioned themselves in the work area of these waste disposal operators in order to detect any "failures" involving work-related crimes.
The workers, both members of FILCTEM CGIL, one of whom was a company union representative, unaware, during this period of stakeouts continued to carry out, as always, their work duties, completing the work assigned to them with respect to the area of competence, as they have always done.
Following the dismissal, the workers turned to their reference union: FILCTEM and CGIL of Salerno.
The union, affected by the delicate situation, asked for an immediate meeting with the Prefect, threatening a strike procedure.
The Prefect immediately summoned the parties twice to seek a conciliatory solution.
At this meeting, representing the Company, a company with total public capital of the Municipality of Scafati, were the Sole Director Dr. Meriani and the Commissioner of the Municipality of Scafati at the time Dr. Manari.
Already in that context, with documents in hand, the trade unionists present had to demonstrate how the fact did not exist but above all they "dismantled" the action undertaken by ACSE and its consultants since it was completely illegitimate, that the photographs proved nothing and that, above all, the action undertaken violated the provisions of the Workers' Statute - Law 300/70 thus coming to compress fundamental freedoms notoriously protected.
The Company responded with a denial and rejected any conciliatory hypothesis, reconfirming also in that context the full legitimacy of its actions.
The workers, supported by FILCTEM CGIL and CGIL and assisted by the lawyers Gerardo Tolino, Mario Cretella and Giuseppe Vitiello, demonstrated their reasons in court and Judge Dr. Carlo Mancuso, acting as Labour Judge, with order No. 35716/2019 of 19/12/2019 accepted the workers' defence and as a result "bled" the Company which, having declared the nullity of the disciplinary dismissal, ordered the defendant employer - ACSE Spa, to immediately reinstate the appellants in the workplace they previously occupied and/or in equivalent roles.
In particular, the Judge ruled:
“… The checks delegated by the employer to investigative agencies, concerning the activity of the employee carried out even outside the company premises, are not precluded pursuant to articles No. 1 and 2 of the Workers' Statute, where they do not concern the fulfillment of work duties, but are only aimed at verifying behaviors that may constitute criminally relevant hypotheses.”
This will determine that the workers Calabrese Michele and Caliendo Attilio will be rehired and will be entitled to appropriate compensation for damages and the attribution of approximately 1 year's salary.
FILCTEM CGIL and CGIL, having seen the outcome of the appeal and the reasons in the order, and taking into account what had already been announced at the Prefect's office, will request in the next few days with a detailed and reasoned letter that the Municipality of Scafati take note of the failed management of the Sole Director, charge him with all the damages caused and proceed to remove him from the management of the Company for the demonstrated inability in managing relations with the ACSE staff and for the conduct that has come to be determined with the company and provincial organizations.
EDITORIAL TEAM
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