CASSATION: INDEMNITY REDUCED IF A NEW JOB OFFER IS NOT ACCEPTED (IL SOLE 24 ORE, 10 APRIL 2015, PAGE 40)

With its ruling no. 3486/2015, the Cassation Court established that if a company is sentenced to reinstate a worker due to wrongful dismissal, the months pay that the worker would have received if he had accepted the company’s offer of a new job, are subtracted from the total compensation for damages owed to the worker (calculated as wages lost from the day of dismissal until the day of reinstatement). Thus, in the case in question, the compensation is reduced because the worker did not accept the company’s settlement proposal to reinstate the worker by assigning him to new job duties, two months from the termination.