The time-limit of 180 days for filing the appeal runs from the delivery of the letter of termination of employment, as so ruled by Cassino Court by ordinance 23 February 2016.
Within the scope of the Fornero law (Law 92/2012), the defense of the Company has objected to the the revocation of the worker from the right to appeal against the dismissal, since the appeal was filed after 182 days from the shipping date of the appeal out of court.
Adhering to the latest guidance of the Court of Cassation (Cass. Civ. Sect. Lav. October 7, 2015 n. 20068; Cass. Civ. Sect. Lav. March 20, 2015 n. 5717), the Cassino Court rejected the appeal of the worker, considering it unacceptable.
When a worker sends their appeal of the dismissal, they have validly absolved the first burden placed against them by art. 6 l. 604/66, provided that delivery takes place at the post office before the expiration of 60 days after the dismissal.
At the same time, when the worker sends the appeal, being obviously aware that she sent it, he is in a position to be able to “schedule” the next time-limit for filing the appeal (180 days)