The passage to the employment office "saves" the worker from forfeiture of the right to challenge the dismissal. In practical terms, therefore, to prevent the limitation period it is sufficient to file (within sixty days from the communication of the dismissal) the request for the mandatory conciliation procedure with the Conciliation Commission.
In short, the term of sixty days for the appeal is suspended from the filing of this request because it is irrelevant, as extraneous to the worker's sphere of control, the moment in which the Provincial Labor Office notifies the employer of the the attempt at reconciliation. Thus the Cassation with sentence 24434/10 confirmed the verdict of the appeal which had accepted the application of illegitimacy of the dismissal presented by a worker, since the term of sixty days had not expired in vain.
The Supreme Court, in fact, took the opportunity to recall the jurisprudential orientation according to which «it is not necessary that the act of appeal against the dismissal reaches the address of the employer within the sixty days foreseen by article 6 of the law 604/66 to avoid the forfeiture of the right to challenge".
This term, concluded the "stoats", is suspended starting from the filing of the request for the mandatory conciliation procedure (containing the written appeal of the dismissal) with the Conciliation Commission, since it is not necessary for the request to be also communicated to the employer.
07 January 2011
