MESSINA – The Messina Polyclinic will have to hire a disabled worker who it had “discarded”, after an initial admission to the selective tests, due to alleged physical incompatibilities with the job. This was established by the Labor Court of Messina which ruled in favor of the worker, accepting the appeal of the Georgia lawyers Field and Antonio Roman.
For the man it is a story with a happy ending and the recognition of the right which gives hope for many other workers in his condition, thanks to the overcoming of a “obstacle”, in jurisprudence, on which he had ruled with an innovative ruling , in relatively recent times, also the Palermo TAR.
Hiring denied
Double victory for the 47-year-old from Messina, given that in the first instance he found himself losing the appeal and was sentenced to pay huge sums in court, after having been denied the right to employment despite having successfully passed all the tests. ‘selective process.
The case began in September 2023. Regarding employment for disabled people, the Messina Employment Center had stipulated an agreement with the “Gaetano Martino” Polyclinic pursuant to Law no. 68/1999. The latter had therefore started selection tests for new hires within the healthcare company and the man had been selected through the Centre. But then he never entered service. In order to proceed with the hiring, the centre’s authorization was required, which was denied.
The appeal
Considering that the individual was professionally qualified for the role of data processing center operator (one of the technical roles envisaged by the announcement), he had been called by the Employment Center itself and started the selective tests, passing them brilliantly, thus qualifying himself as fully suitable for carrying out the job. activity. It was at that point that the candidate was notified of the denial of employment, leveraging alleged physical incompatibilities incompatible with the activity to be carried out.
However, the first appeal to the Court of Messina ended negatively for the 47-year-old and on 29 November 2023 the judge rejected the appeal, denying the right to employment and simultaneously condemning him to pay huge legal costs. Unsustainable expenses considering that the disabled person only received a civil disability allowance.
“We have never stopped believing in justice. The setback actually motivated us further to restore social and human dignity to our client. Work ennobles man, a phrase from Charles Darwin, but as we know the dignity of work is one of the cornerstones of our Constitution: we all have the duty and right to carry out a work activity in consideration of precise choices and possibilities, for healthy individual and collective social progress,” say lawyers Campo and Romano.
The sentence
The reversal arrives in March 2024. The Court in collegial composition (president Romeo) agrees with the two lawyers and condemns the Employment Center to issue the authorization. The legal costs, however, have fully fallen on the regional department due to the illegitimate conduct of the Messina Employment Center which, as has been underlined, in addition to harming a disabled person fit for work, did not take into account the programs state and European regulations on disability, violating the legislation and guidelines aimed at integrating vulnerable people into the working society. The Messina Polyclinic had also appeared in court.
Tags: Messina disabled person denied employment Court agrees
