THE DECISION
The legal case of the time comes to an end Arcelormittal employee Riccardo Cristello which, it will be remembered, had caused a national media outcry. The Court of Cassation confirmed what had been decided in the previous levels of judgement, by the Labor Judge of Taranto and by the Court of Appeal of Lecce detached section of Taranto, and therefore the illegitimacy of the April 2021 dismissal.
The ruling of the Court of Appeal confirmed by the Supreme Court stated: “The Court held, on the basis of the factual elements acquired at the trial, that the contested post – containing the exhortation to watch a television drama narrating the death of a little girl caused by disease induced by the proximity of a steel plant – did not contain “no direct or indirect reference […] to his current employer, who only recently took over the factory and has nothing to do with the story represented in the fiction in question”; drew the conclusion “according to which the disputed fact is non-existent, because no conduct of disciplinary importance, capable of offending the employer or damaging its reputation, was carried out”.
This position was reiterated yesterday, Friday 8 November, by the Court of Cassation.
THE FACTS
The legal matter began in May 2021 with the appeal with which Riccardo Cristello, defended by the lawyer. Mario Soggia was challenging the dismissal ordered by his employer, which was then still Arcelormittal Italia Spa. The dispute had been generated by the disciplinary measure with which the company had hit the worker, “guilty” of having shared, on the social network Facebook, a post, which underlined the analogies between the fiction “Svegliati Amore Mio” interpreted by Sabrina Ferilli and the recent history of Taranto.
The worker’s appeal had started the summary phase of the first instance trial, which concluded the following July with the declaration of illegitimacy of the dismissal and the order to reinstate the employee in his job immediately.
Arcelor Mittal, which in the meantime had become Acciaierie d’Italia Spa, then opposed the outcome of that order, filing an appeal and opening the full knowledge phase of the trial. New confirmation for Riccardo Cristello with the sentence of Dr. Giovanni De Palma who declared the absolute lack of basis on which the disciplinary dismissal was based. Acciaierie d’Italia Spa then lodged a complaint against the first instance ruling, which was followed by the decision of the Court of Appeal panel which rejected the company’s complaint.
THE STATEMENTS
Franco Rizzo, USB Confederal Executive: “A tombstone is being placed on the very sad Cristello affair which tells so much about the Arcelormittal management of the steel plant, to the point of being representative of the same. A moment, what the French-Indian multinational saw in the factory, in which a fundamental right such as that of expressing one’s opinion was even called into question. Riccardo Cristello is an example of coherence and determination, because despite the many negative pressures and the obvious worry, he was firm in his position. Our trade union organization, which was able to count on the punctual work and brilliant results of the lawyer Mario Soggia, thanks all those who have never stopped believing in us”.
Mario Soggia, Usb Taranto legal office: ”It was a long and bitter dispute that began with a meeting in the factory at the end of which the company management proposed the reinstatement of Riccardo in exchange for his public apology. The dispute was thus transformed into a battle to defend his dignity as a worker and as a man and his freedom of thought, which was justified at every level of judgement, up to the Court of Cassation.
Riccardo Cristello: “They were difficult times, in which, at first a moment of confusion and distrust for what I was experiencing, another took over in which I managed to face all levels of judgment with my head held high up to this point, thanks to lawyer Mario Soggia and to the only union that supported me from the first moment, despite not being a member of it at the time: the USB. I am finally free from this burden that characterized three long years. Thanks to everyone who stood by me.”
