The Milan Court, Labour Section, with a ruling of 13 November 2014, made a decision in a proceeding started by a worker who challenged a dismissal for objective justified reason following physical unfitness for performing the job to which he was assigned, and requesting compensation for damages resulting from an occupational accident from the Employer, who was assisted by our law firm.
The plaintiff sustained that he fell from scaffolding while applying film to a train and had started to suffer from a disabling back problem.
The appearing Company sustained the complete lack of proof of a causal relationship between the claimed pathology and the occupational accident involving the worker which, for the Company, had occurred in a different manner than described.
The Judge rejected the appeal, considering, in line with what the employer sustained, that the Company’s responsibility was not proven, nor was the causal relationship between the pathology claimed by the plaintiff and the accident.
The Judge also rejected the request regarding the wrongfulness of the dismissal due to the statute of limitations, since the appeal was filed more than 180 days after the challenge.
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