Background.
March 8 last year we reported the story in which the Damor Farmaceutici company a few months ago, without 
to allow union-type intermediation, had unilaterally launched an operation to reorganize and reduce the personnel of the Scientific Representatives.
The first to pay the price were the ISF of Calabria as, in company evaluations, the number of informants in that region was two people in excess.
The first of the two was transferred to a northern region but the situation was resolved with an agreement which led to the resignation of his colleague. The second, who had worked in the company for 35 years, was fired on the spot on the grounds of "delay in fulfilling the obligation to deliver written requests for free drug samples (editor's note: unloading of samples)".
The Informant filed an appeal with the labor judge of the Court of Catanzaro for unjust cause of dismissal on the grounds of "violation of the principle of timeliness of the complaint and of the right of defence, due to the groundlessness of the disputed facts and, in any case, due to disproportion between the violation commission and sanction applied”.
The judge upheld the appeal, forcing the company to reinstate the employee. The colleague was reinstated but transferred to a high northern region and is appealing again.
The union representative, PG, had been heard as a witness in defense of the ISF.
The Judgment of 12 June of the Labor Section of the Ordinary Court of Bologna nrg 879/2023
"Damor - reads the text of the sentence - contested the worker, RSU, for having behaved unfoundedly and unjustifiably contrary to the interests of the company, as well as damaging to its reputational image, even before the Judicial Authority"
The dispute also concerns "having disseminated via the internet (in particular on two separate Web sites), and for this with the channel equipped with the maximum and immediate capacity to disseminate to the public, false and disparaging news against us, such as to speciously represent the Company as an operator dedicated to serious illegitimate conduct, even in the form of real abuses, both in relations with personnel and in industrial relations".
The union appealed to the Labor Section of the Ordinary Court of Bologna denouncing "the inconsistency and speciousness of the grounds for dismissal, ordered for having given testimony (a fact disputed after a year of having given it following a provision in favor of the appellant T. issued by Labor judge) and, as regards the second charge, since they are not attributable to PG, nor having the respondent company proved the contrary, the expressions contained in the articles that appeared online".
"Considering the anti-union behavior, the applicant union formulated the following conclusions:
1. DECLARE the anti-union nature of the behavior reported, for the reasons set out in the appeal and consequently the anti-union nature and/or the nullity and/or illegitimacy of the dismissal for alleged just cause notified by registered mail dated 27.3.2023, received on 28.3 .2023;
- ORDER the respondent company to cease the unlawful conduct by ordering the immediate reinstatement of Mr PG in his job and by paying him the wages lost from the dismissal upon reinstatement, without prejudice to any further and different rights relating to his individual position;
“It is observed that by means of the aforesaid behaviors (and others, duly described in the appeal by the trade union) the defendant effectively put in place a corporate reorganization without any consultation and agreement with the trade union; thus proceeding with the reduction of the ISF employees from 88 to 67 (as of 31.5.2023) through layoffs and agreed resignations. The company then proceeded to recruit ISF commercial agents, as documented by the company itself and is not disputed (present as of 05.31.2023 in number of 26), to replace the ousted employees, thus realizing a clear reduction in the cost of labor".
“He expelled PG, the only RSU of the ISF, from the company, for reasons attributable to the trade union function performed by G. in the company sphere. PG was in fact accused of having influenced, by making untruthful statements in the testimony, the decision of the Court of Catanzaro in favor of the ISF T., and of having caused false and disparaging news about the company to be disseminated on the internet, again with reference to the decision of the Court of Catanzaro.
What is noted is the circumstance that the dismissal results in a detriment to the exercise of a trade union right"
“Well, – observes the judge – the behavior transcribed above culminating in the employer's determination to oust the only RSU of the ISF at national level PG, has an evident, indirect punitive value of the appellant union. Therefore, the anti-union nature of the aforesaid behaviors is declared. As a result, Farmaceutici Damor spa is ordered to cease the unlawful conduct, allowing the worker to immediately resume his or her work activity employed by FARMACEUTICI DAMOR spa"
"Deemed suitable tools for removing the effects of the established anti-union behavior held" by the Court
- “DECLARES the anti-union nature of the behavior denounced by the appellant union;
- ORDERS the respondent company to cease the unlawful conduct allowing the PG worker to immediately resume his work activity as an employee of FARMACEUTICI DAMOR spa;
- PROVIDES: posting of this decree on company bulletin boards for 20 days; the publication of the device of the issuing decree in the newspapers “Il Corriere della Sera” “Il Manifesto”, “Il Mattino” and “Il Sole24ore” in double-size characters and in dimensions of no less than 40 modules, within days 15 from the publication of the provision, at the expense of the defendant company.
- ORDERS Farmaceutici Damor spa to reimburse the legal costs of this phase of the proceeding in favor of the appellant Syndicate"
Bologna, 12.6.2023
The judge
Dr. Maria Luisa Pugliese
COROLLARY:
To complete the picture of defeat on the whole line of the company in question, we must report the outcome of another sentence last week by the Labor Court of Naples.
The Informant who was fired for “delay in fulfilling the discharge of essays” after the appeal he had to be reinstated, but he had been transferred from Calabria to another northern region.
New appeal and, a few days ago, a new sentence which proves him right and affirms the illegitimacy of the transfer to Pordenone.
It is also emphasized:
– The ban on transferring the worker (ex art. 33, co 6, Law 104/92) as the applicant is invalid and handicapped with serious connotations.
– Violation of the criteria of good faith in choosing the resource to be transferred.
– The non-existence of organizational and production technical reasons (ex art. 2203).
– The danger that a delay in the provision could jeopardize the already seriously compromised health of the worker.
FILCTEM CGIL BOLOGNA in collaboration with FILCTEM CGIL NAPLES WINS AN APPEAL FOR ANTI-UNION BEHAVIOR AGAINST THE PHARMACEUTICAL COMPANY DAMOR SPA
RESTORED THE RIGHT AND FREEDOM OF TRADE UNIONS IN THE PHARMACEUTICAL COMPANY DAMOR SPA
With a decree made pursuant to article 28 of the Workers' Statute, the Labor Court of Bologna, in the person of Judge Dr. Maria Luisa Pugliese, declared the anti-union nature of the conduct held by Farmaceutici Damor spa, which consisted in the disciplinary dismissal of the ' Rsu of pharmaceutical sales representatives (ISF), dott. Pietro Gualandi accused of having compromised the corporate image for having testified to protect a colleague (in turn unlawfully fired by the same company) and for having given notice to an ISF website of the provision of the court of Catanzaro which established his illegitimacy.
According to the Judge, the company's position is absolutely groundless and appears to be retaliatory against Filctem CGIL, trying in practice to annihilate the trade union activity carried out by ours in over 15 years and which consisted, above all in recent years, in an attempt to prevent the devaluation of the professionalism of the ISF transforming it from a specialist figure essential for the proper functioning of the health system into a seller/commercial of the drug!!!
He therefore condemned the pharmaceutical company Damor spa to the immediate reinstatement of the RSU dott. Pietro Gualandi, arranging the posting of the condemnation decree for 20 days on the company bulletin board and ordering that the dispositive part of the decree be published at the expense of Farmaceutici Damor spa, on the national pages of four newspapers
The Ficltem Cgil Bologna jointly with that of Naples, which was assisted in the appeal pursuant to art. 28 of the Workers' Statute by the lawyer Alberto Piccinini of the Bologna Court and the lawyer Pasquale Napolitano of the Naples Court, evaluates the Judge's provision very positively, deeming it unacceptable that a drug company such as Farmaceutici Damor spa, which emerges in the national television mastheads as a respectful and socially relevant company in a complex territory such as the Neapolitan one, which can adopt incorrect and anti-union practices in the management of relations with labor representatives.
WE WILL CONTINUE TO PREVENT THESE FORMS OF CULTURAL DRIFT IN ALL COMPANIES
for FILCTEM CGIL BOLOGNA Stefania Pisani 3497067020
for FILCTEM CGIL NAPLES Enzo De Caro 3293813885
Related news: damor. ISF fired for delay in sending unloading essays
Filctem Cgil wins an appeal for anti-union conduct against Farmaceutici Damor Spa
