Court of Appeal of Milan: dismissal is legitimate once the protected period is over

With ruling n. 780 of 5 October 2015 confirming the decision of the first instance judge, the Court of Appeal of Milan, Employment Section, declared the legitimacy of dismissal for exceeding the protected period notified to a worker after more than one year from the expiry of the protected period itself and after a period of uninterrupted illness. In rejecting the exception of untimeliness of the termination by the claimant worker, the Court of Appeal made reference to that legal viewpoint according to which the conduct of the employer that waits for the sick worker to return to work in order to be able to evaluate the worker’s possible reuse in the company organisation is legitimate, without such waiting period constituting a waiver of the right of termination.