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AlmavivA Contact: company conduct legitimate for the prevailing view in case law

AlmavivA Contact: company conduct legitimate for the prevailing view in case law

18-11-2017

AlmavivA Contact: company conduct legitimate for the prevailing view in case law

Rome, 16th November 2017 - The collective redundancy procedure enacted by AlmavivA Contact last December conforms entirely to the rules envisaged in the law: this is not merely the opinion of one of the parties involved, but the conclusion reached by the vast majority of labour court judges who examined the case at the Court of Rome.

Following the procedure’s conclusion, part of the interested subjects commenced an action – as they are entitled to do so – to declare the company’s redundancy measures null and void.

The claims submitted were distributed among various judges and, as of today, 10 of these have made statements. Of these, 9 labour judges declared – through 22 orders – the company’s conduct to be entirely legitimate, acknowledging that the dismissals fully conform to the procedural and substantive guarantees envisaged in the reference law (Italian Law no. 223/1991).

In particular, the various rulings issued thus far highlight the following aspects:

  • the closure of the Rome branch of AlmavivA Contact responded to a real and concrete need of the company and, as such, was perfectly legitimate;
  • in initiating the collective redundancy procedure, the company provided – throughout each phase – timely, comprehensive and detailed information to the trade union organisations, also with the aim of minimising the social impact of the measures;
  • the decision to concentrate the dismissals in the Rome branch was fully legitimate, being based on valid organisational and production-related reasons, besides being confirmed by an agreement with the trade unions;
  • in the context of the procedure, the company’s conduct was in no way discriminatory or retaliatory towards the employees.

In the light of this clear and unambiguous view of the majority of the judges who have examined the case thus far, it would be misleading to overly emphasise a decision the goes in the opposite direction. This ruling, entirely legitimate, reveals the mere existence of a different – albeit decidedly minority – view within the Court of Rome.

While firmly believing in the correctness of its actions, AlmavivA Contact will obviously implement the order – by readmitting the employees at the available branches, taking into account that the Rome branch is closed – but will immediately appeal against it with the aim of invalidating its effects within a short time.