UNLAWFUL green pass requests by companies and public bodies: first Italian sentence with condemnation of damages
First Sentence in Italy. Compensation is triggered in the event of an illegitimate green pass request. Judgment of the Florence Court of 3 March 2022 n. 155. THE FULL TEXT
The first nodes begin to come to a head, after months of illegitimate abuse, violence against citizens, deprivation of rights up to the suspension from work and salaries. All unfair rules still in force, but thanks to the various positive sentences for the applicants, which we promptly report to you, a jurisprudence on the matter begins to be created, destined to be challenged by more and more citizens and by fair and scrupulous judges.
The sentence we are reporting to you today is of the Court of Florence, Labor section, of March 3, published on March 4, and is related to the compensation that a citizen was able to obtain after being unjustly suspended from work for lack of a greenpass. (pdf with the full sentence at the bottom of the article).
Article taken from the excellent blog https://www.eventiavversinews.it/prima-sentenza-in-italia-scatta-il-risarcimento-in-caso-di-richiesta-illegittima-di-green-pass-sentenza-tribunale- of-florence-3-march-2022-n-155-the-full-text /
Another judicial front opens up relating to the green pass. Requests for the green pass by companies and public bodies, if not provided for by law, lead to illegitimate and abusive conduct with consequent condemnation of damages.
The first sentence is of the Court of Florence, Labor section, of March 3, published on March 4, Judge Dr. Davia, who condemns a company to pay more than 4000 euros for illegally requesting, in August 2021, an employee swimming pool at the Florence Rovezzano club, twice the green pass.
The assistant pointed out that the green pass was not mentioned in the labor regulations, but the company, after having reported the failure to exhibit the green certificate on 7 and 9 August, sent a communication to all its employees with the request for a green pass and suspended the pool attendant.
In fact, on the 7th day of August, like every morning, the woman went to work but was unable to enter the club because they asked her for the green pass at the entrance: only thirty-six hours later the company sent a communication with which he advised to require the green certificate from all employees and collaborators.
According to the company, the green pass was one of the security measures in compliance with the legislation on "protection of working conditions" (Article 2087 of the civil code), but the Court ruled that the request was illegitimate.
Moreover, article 9 bis of law decree 52/2021 requires swimming pool users to be in possession of the green pass only for indoor activities, while the green pass obligation would only be triggered later with law decree 105/21.
If not expressly provided for by a law, therefore, a company or an entity cannot interpret article 2087 at will by inserting the obligation of a green pass. The conduct, in fact, constitutes an offense that determines compensation for damages.
In the specific case, the employer was sentenced to pay compensation equal to € 1912.81 plus revaluation, for the period between the suspension and the regulatory obligation with effect from October 15, € 1850 for the legal competences in addition to VAT, lawyers' pension fund and reimbursements and the 49 euros of the unified contribution.
This is a new orientation that opens the way to possible numerous legal actions for damages, given the many illegitimate requests for green passes in recent months.
Below is the link with the full text of the sentence.
We also remind you of the dates that "unofficially" have just been established by the Government for the gradual elimination of the obligation to greenpass and vaccinations:
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The article UNLAWFUL green pass requests by companies and public bodies: the first Italian sentence with a sentence for damages comes from ScenariEconomici.it .
This is a machine translation of a post published on Scenari Economici at the URL https://scenarieconomici.it/richieste-di-green-pass-illegittime-da-parte-di-aziende-ed-enti-pubblici-prima-sentenza-italiana-con-condanna-al-risarcimento-danni/ on Fri, 11 Mar 2022 19:31:20 +0000.