He had been removed from work – with consequent suspension of salary – for approximately six months, from November 2021 to May 2022, as he did not have the “green pass”. But the measure was deemed illegitimate by court of Sienawhich condemned the bank not only to pay the unpaid wages but also to pay damages. The legal battle was carried out by a lawyer from Salerno, Olga Milanesewhich managed to have the rights of the worker of a credit institution recognised.
The sentence
An important legal precedent, because it is the first time that a court has expressed itself with a sentence against a private and not public employer. The previous rulings accepting the requests of the suspended workers, in fact, were precautionary orders or sentences rendered against health workers or public employees who had sued the health companies or their respective orders and administrations to denounce the illegitimacy of the suspension suffered. «This sentence – explains Milanese – it is a first very important precedent, the result of four long years of studies and fight for the protection of the rights of workers affected in various ways by the health measures decreed from 2020 onwards. It is important because it recognizes the objective uselessness and senselessness of the obligations imposed on workers and the need to guarantee, in any case, respect for their dignity as human beings».
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