School, unvaccinated teacher reinstated: forerunner decree from the court of Grosseto
GROSSETO. From the Court of Grosseto comes a pioneering provision on the front of the vaccination obligation against Covid-19 for teachers. In particular, for those who, not vaccinated but still cured of Covid and therefore with a strengthened Green pass, found themselves in a legislative limbo because they were deemed non-compliant, and were forced to leave classrooms and pupils for other tasks.
It all started with the case of a support teacher from an elementary school in Grosseto. In mid-December, the obligation for teachers to be vaccinated was introduced in Italy. That is, to have completed the cycle with the recall (law decree 44 of 2021). In those days, however, the teacher became ill with Covid and therefore did not have time to get vaccinated. Once healed, she had the strengthened Green pass, valid – because it resulted from healing – for six months. And with that he could have continued to work until June 2022, when the six months would have expired.
The teacher therefore turned to the lawyer Lavinia Mensi. "The school administration – explains Mensi – acted on the basis of a circular from the Ministry of Education that discriminates against the fulfillment of the vaccination obligation regardless of the validity of the Green pass, triggering it 90 days after recovery or 120 days after administration of the vaccine '.
Attorney Mensi filed an urgent appeal on Tuesday with the labor judge of Grosseto, Giuseppe Grosso. Grosso accepted the teacher's motivations and issued a decree – without consulting the other party, pending the hearing that will take place at the end of May – ordering the teacher to be reinstated immediately.
The judge highlighted the illegitimacy of the orientation of the ministerial circular because, he says, the norm to refer to is only the decree law 52 of 22 April 2021 which establishes that the recovered must be vaccinated six months after recovery. Decree, later converted into law, in force until June 15. In short, the teacher would still be in good standing. "At this point – he concludes – it is hoped that the school administration will review all the decisions regarding teachers in possession of reinforced green certification, also considering the tax profile, since these teachers are replaced with alternates, doubling the salary for a single workplace ".
Source (https://iltirreno.gelocal.it/grosseto/cronaca/2022/05/05/news/reintegrata-maestra-non-vaccinata-dal-tribunale-decreto-apripista-1.41419834)
Fortunately, there are still judges who respect the laws and not the circulars and ministerial papers. A normal citizen can get vaccinated after healing between 6 and 12 months and no one, among all the enlightened in the government, has ever explained to us why a worker subjected to vaccination should do it after 3, under penalty of loss of salary.
A vaccination obligation that continues to burden many workers USELESS and DISCRIMINATORY that should be canceled immediately.
Staff C.Li.Va. Tuscany
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The article School, unvaccinated teacher reinstated: from the court of Grosseto a forerunner decree comes from ScenariEconomici.it .
This is a machine translation of a post published on Scenari Economici at the URL https://scenarieconomici.it/scuola-reintegrata-maestra-non-vaccinata-dal-tribunale-di-grosseto-decreto-apripista/ on Fri, 06 May 2022 08:12:26 +0000.