The Court of Cassation, which intervened on the topic, reiterated that the right to reinstate the relationship unless transferred, implies that the unusability of the worker in the place of destination must be proven, resisting reinstatement to the power of transfer and introducing a further limit to that provided for by the art. 2103 c.c
A worker, after being reinstated in his job by the Court of Cassino, was immediately transferred to another location due to technical production needs.
The Court of Cassino, with a sentence confirmed on appeal by the Capitoline Court, annulled the transfer and ordered the restoration to the original place of work.
The company appealed to the Supreme Court complaining that, even following an illegitimate dismissal, the company retains the right to transfer the worker before and regardless of any reinstatement, citing the same reasons that support any ordinary transfer hypothesis, without the need to prove the impossibility of reinstating the worker at the place of departure.
The Supreme Court, in rejecting the company's appeal, with sentence n. 18892 of 10 July 2024, recalled the consolidated orientation by virtue of which the right to reinstate the relationship unless transferred, entails that the unusability of the worker in the destination location must be proven, resisting reinstatement to the power of transfer and introducing a further limit to that provided for by the art. 2103 c.c
The Court of Cassation clarified that following reinstatement the employer must restore the employment relationship in the original location. The only exception to the obligation to restore the employment relationship in the original place of work is the impossibility of readmitting the reinstated worker to the previous place due to the demonstrated lack of existence of positions involving the performance of the last tasks as well as tasks equivalent to these latest.
Lawyer Nicoletta Di Lolli