Giovannelli e Associati on the sale by GKN Wheels & Structures Group of GKN Wheels Carpenedolo
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17/06/2019HOT LABOUR TOPICS – The fact that the employee has found a new job bears no relevance to his/her reinstatement
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With ruling n. 15379, 6th 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]