Court of Cassation: dismissal of working mothers is void

The Court of Cassation, with judgement No. 475, filed on 11 January 2017, intervened in the matter of dismissal of working mothers, stating once again that dismissal ordered to a working mother at the beginning of the pregnancy until her child is one year old is void and ineffective. In the specific case, the Court corrected the decision of the judges ruling on the merits, which, by considering unlawful the dismissal, ordered the employer company to re-hire the worker, or failing to do so, to reimburse her damages in the amount of five monthly salaries equal to the last wage paid. On the matter, according to the Court of Cassation, the Court having jurisdiction had erroneously applied art. 8 of Law No. 604 of 1966, since the “the regulatory measures as per Legislative Decree No. 151 of 2001 do not refer at all to Law No. 604 of 1966 and Law No. 300 of 1970; thus, dismissal is void pursuant to art. 54 of Legislative Decree No. 151 of 2001 and such rule is fully unrelated to the concept of just cause and justified reason”. Consequently, in the case in hand, the relationship must be deemed as never interrupted and the worker has the right to wages since the day of dismissal up to the actual re-admission into service. In other words, during the protected period, employment is ensured.