Cassation: for damages refund the day when the indemnity in lieu of re-hiring has been paid has to be considered (Italia Oggi, September 18, 2012, page 24)

In case of dismissal declared unlawful damages refund for the dismissed employee has to be adapted to the number of salaries which should have been accrued until the day when the indemnity in lieu of re-hiring has been paid and not until the date when the employee asks for economical refund in place of re-employment. The above has been declared by sentence No. 15519/12, published on September 17 by the Labour Section of the Supreme Court, which interprets Article 18 of Law No. 300/70, also considering the Charter of Fundamental Rights of the European Union.