The article examines judgment No. 12377/2024 of the Rome Labour Court, which annulled the dismissal of a worker with a disability for exceeding the maximum protected sick-leave period and ordered reinstatement and damages. The Court held that the employer had unlawfully counted 151 days of COVID-19 isolation, which Article 26(2) of Decree-Law No. 18/2020 equates to hospitalization and therefore must be excluded from the calculation. The Court also found indirect discrimination under Article 2(1)(b) of Legislative Decree No. 216/2003 for the uniform application of the maximum period without a prior assessment of reasonable accommodations under Article 5 of Directive 2000/78/EC, and stressed the duties of good faith and fairness, the employer’s proactive and information duties as the threshold nears, and the worker’s corresponding duty to cooperate.
Disabilità e comporto nella più recente evoluzione giurisprudenziale: tra onere di attivazione e dovere di cooperazione. Nota a Tribunale di Roma, sez. IV Lavoro, sentenza 3 dicembre 2024, n. 12377
G. Sberna
2025
Abstract
The article examines judgment No. 12377/2024 of the Rome Labour Court, which annulled the dismissal of a worker with a disability for exceeding the maximum protected sick-leave period and ordered reinstatement and damages. The Court held that the employer had unlawfully counted 151 days of COVID-19 isolation, which Article 26(2) of Decree-Law No. 18/2020 equates to hospitalization and therefore must be excluded from the calculation. The Court also found indirect discrimination under Article 2(1)(b) of Legislative Decree No. 216/2003 for the uniform application of the maximum period without a prior assessment of reasonable accommodations under Article 5 of Directive 2000/78/EC, and stressed the duties of good faith and fairness, the employer’s proactive and information duties as the threshold nears, and the worker’s corresponding duty to cooperate.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
