HOT LABOUR TOPICS – The fact that the employee has found a new job bears no relevance to his/her reinstatement

With ruling n. 15379, 6^th June 2019 (see here the full text in Italian) the Supreme Court reminded that whenever the Judge orders the employee’s reinstatement the employer must always formally invite him/her to resume the service, even if said employee has already found a new job while waiting for the Judge’s decision.

The reasoning behind this principle is that the employee’s potential new job does not prove, in any way, his/her lack of interest in the old job and matters only in regard to the sums he/she already received for the new job (the so-called “aliunde perceptum”).

[For further details, please contact giuseppe.matarazzo@galaw.it]