Employers may use the Fornero procedure to ascertain the legitimacy of a dismissal
Edited by Anna Maria Corna e Beatrice Ghiani
In the case of a female worker dismissed for out-running the statutory period of absence from work, the company appealed for an ascertainment of legitimacy immediately after the recourse of the worker against her dismissal.
The worker took action, by counter claim, alleging the dismissal was retaliatory and discriminatory.
The judge found for the recourse of the employer, ruling that out-running the period of absence from work was valid cause for dismissal, and that said was neither retaliatory nor discriminatory.