Alitalia, here is the first judicial tile for Ita Airways
Alitalia-Ita: for the Labor Court of Rome there was a transfer of the company branch and this would trigger the reinstatement pursuant to Article 2112 of the Civil Code ("Maintenance of workers' rights in the event of a company transfer"). Now most of the 3,400 redundancies could sue. Facts and insights
The secret contract between Ita and the Alitalia commissioners, signed in the autumn of 2021, has been unveiled (a document that the new company has always refused to make public despite the fact that it is and remains, until the intervention of Lufthansa, a company with entire public capital), which according to the employees of the now former national airline left over 4,000 families in the street.
ALITALIA-ITA, WHAT THE LABOR COURT HAS DECIDED
According to the Rome Labor Court, which filed the ruling today (it will be necessary to wait a maximum of two months for the reasons), the appellants were able to demonstrate the sale of a business unit: the new airline is therefore sentenced to reinstate 77 employees of the old Alitalia – defended by lawyers Pier Luigi Panici and Carlo Guglielmi – mostly flight attendants.
THAT TO ITA WAS ASSIGNMENT OF A COMPANY BRANCH
The Rome Labor judge Claudio Cottatellucci therefore accepted the argument of the 77 former former Alitalia employees not rehired by Ita and "ascertained the existence of the transfer of the business unit between Alitalia and Italia Trasporto Aereo which occurred in implementation of the 'contract of transfer of the set of goods and contracts concluded between the parties on 14 October 2021”.
The Capitoline court "declared the right of the appellants to continue the employment relationship employed by the company Italia Trasporto Aereo spa – ITA with effect from 15 October 2021", or from the departure of the new subject. Not only that, because the Labor judge "condemns the defendant company to pay the appellants the wages accrued from effective | also dated 15 October”, therefore ITA will owe the appellants one and a half years of salaries in arrears.
WHAT HAPPENS NOW?
In recent months, reports the Manifesto , at least five other judges have agreed to require Ita Airways to produce the contract in the hearing. So far, more than 1,100 former Alitalia employees have taken the new company to court to request reinstatement pursuant to Article 2112 of the Civil Code ("Maintenance of workers' rights in the event of a company transfer"): given that the passage agreed with the unions had resulted in 3,400 redundancies to allow Ita to make its debut in the form of a "startup", it is likely that this ruling will pave the way for a flourishing of collective lawsuits which, if accepted, would mean an increase in the costs of tens and tens of millions of euros. A problem that could also worry Lufthansa.
THE COMMENT OF ONE OF THE RECURRING DRIVERS
One of the recurring pilots who requested anonymity comments with Start Magazine: "Finally a judge not influenced by the government and by Ita and Alitalia Sai has knocked down the rubber wall forcing them to file the transfer agreement that the architects of the closure of Alitalia they have always refused to make public although Ita is and remains, until the intervention of Lufthansa, a company with entire public capital. The first defeat in court has arrived for Ita Airways and for the trade unionists who have orchestrated and implemented a social carnage and the cancellation of 75 years of Italian civil aviation history! The transfer of the company branch has finally been demonstrated, for now as many as 109 former Alitalia employees have to be reinstated. An earthquake that will have repercussions on all the other causes still in progress and probable consequences also on the entry of Lufthansa ".
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/smartcity/alitalia-ecco-la-prima-tegola-giudiziaria-per-ita-airways/ on Thu, 15 Jun 2023 10:57:05 +0000.