The Court of Appeal of Milan section. Lavoro rejected the appeal brought by Poste Italiane against the ruling of the Court of Milan which declared the dismissal of a trans worker from the province of Cosenza, defended by the lawyer. Giancarlo Pitaro, unjustified, or without just cause.
The innocent worker, in fact, suffered an illegitimate dismissal by Poste Italiane communicated on the first day of work, just one hour after the start of the working relationship.
In fact, the trans worker, as soon as she connected live to the Poste Italiane e-learning training course, was “disconnected” from the training course after a few minutes and Poste Italiane immediately announced her dismissal.
According to Poste Italiane, the worker showed up late for the training course and, despite having notified the employer of this delay – giving the reason that she had to go to the police station to file a complaint – she was fired less than two hours after the start of the employment relationship.
The Court of Appeal of Milan section. Lavoro has, therefore, accepted the defense theses of the lawyer. Giancarlo Pitaro, confirmed the first instance sentence issued by the Court of Milan which ruled that: “the interruption of the relationship must, therefore, be classified as an illegitimate withdrawal ante tempus due to the lack of a just cause and obliges the withdrawing party to pay full compensation for the damage, to be paid according to the common rules of art. 1223 of the civil code. The worker is, therefore, entitled to the entire remuneration provided for until the expiry of the relationship”.