Ita, pilot asleep in flight. The ruling of the labor judge rewrites history
Last April 30th a piece of news caused a particular sensation, a Ita flight commander It was asleep during a Rome-New York and the plane had not responded to commands for 24 minutes, between 3.30 and 3.54 am. The airline’s decision after the incident was clear: dismissal of the pilot for the risks faced by the passengers. But the labor judge expressed his opinion on the issue and decided to delete to the decision taken by the company, considering – we read in Repubblica – illegitimate the dismissal of the pilot who fell asleep while driving. Yesterday a deputy from the Transport Commission showed two documents in his party headquarters. In your hands is the ruling of the labor judge who cancels the dismissal (July 21, 2023); and above all the reasons of the sentence favorable to the pilot.
In the dismissal letter, Ita claims that falling asleep would have determined – together with other behaviors – “a very serious risk to the safety of the flight and passengers“. This is the company’s accusation. The problem – continues Repubblica – is that Ita has raised these objections and formalized the dismissal in an illegitimate manner. Notably, the company has violated Article 7 of the Workers’ Statute. A company – it can be deduced from the ruling – can fire an employee (for what it considers to be “just cause”) as long as it respects a precise procedural track.
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Precisely article 7 of the Workers’ Statute obliges the company “at the prior dispute of the charge”, with a written letter to the employee under accusation. The written form is mandatory because “it makes the dispute. Only if you have sent the written objection, and once 5 days have passed, the company can make the mother of all decisions, such as dismissal. Which didn’t happen, so the pilot must be reinstated and he must also be recognized for his back wages.
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