Categories: Insights

17 Jan 2010

Health certificates are challengeable (Court of Milan, October 2009 judgment)

The Employment Court of Milan has acknowledged the lawfulness of a dismissal for cause based on the instrumental and incorrect use of the sick leave certificate. The judge has deemed the absence of the worker at the domiciliary control visit unjustified: the sole declaration of the general practitioner, certifying the worker’s presence at his/her consulting room in the moment in which INPS (the Italian National Social Security Institute) was carrying out the domiciliary visit was not deemed fit to prove the fact that said dismissal could be put off, also in light of the fact that the episode occurred on the last day of illness. The particular nature of the case is the worker’s failure to provide evidence as to the pathology’s diagnosis. Failure of the employee to transmit the health certificate with the diagnosis to INPS (namely, the Italian National Social Security Institute) induced the Judge to deem the employer’s conviction on the simulated nature of the illness as grounded.
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