Fired for marriage, the company ordered to compensate her
The company that fired her a few months after learning that she was going to get married tried to defend itself by claiming to have hired her “when she was already living together, so that her possible fertility could not be doubted”. But according to the Civil Court of Cassation – labor section – which confirmed in recent days a sentence from the Court of Appeal of Milan, his case falls among the cases of dismissal ‘due to marriage’. The woman’s ‘sentence’ was considered null and void, resulting in the worker’s reinstatement and compensation for damages amounting to just over six thousand euros for the period in which she did not work after being kicked out. The chronology of events is important to understand the epilogue. He writes itAct.
On March 11, 2019, the woman informed the personnel office that she would get married on June 30 of the same year. In explaining the reasons why they rejected the company’s appeal, the stoats refer to numerous constitutional principles relating to the protection of women, family and work but also underline that it is the objective fact itself that ‘speaks’. We read in the sentence, seen by AGI: “In termination due to marriage what is relevant is not the discriminatory intent or otherwise but rather the objective fact that the dismissal occurred within a period of one year from the day of the request for banns of the marriage which was followed by the celebration, a fact that is not disputed”.
Nor is the argument that the woman was already living together and future motherhood was foreseeable because the law contains “measures aimed at guaranteeing women the possibility of combining the right to work with their marital and family life and is based on a plurality of constitutional principles aimed at protecting the working woman and not only as a potential parent”.
#Fired #married #company #ordered #compensate
