This is what the labor judge of Agrigento established, with a ruling dated 26 June, regarding a case involving a teacher who, by mere mistake, had ticked a wrong box in the application form for participation in the provincial and institute.
The case
With the Ministerial Ordinance of 10 July 2020, the procedures for establishing the provincial and institute rankings for the awarding of the relevant substitutes for teaching and educational staff were launched.
Dr. CM submitted her application for inclusion in the second band for the competition classes A026, A037, A041, A047, A060.
However, Dr. CM, despite having gained previous work experience in state schools after 2000, when submitting her application to participate, by mistake ticked the box labeled “Evaluation Art. 15 paragraph 4”, regarding services performed in private schools before 2000, for which a halving of the score was envisaged.
Following this mere material error, the Regional School Office of Sicily – Territorial Area of the Province of Agrigento recognized Dr. CM, when publishing the relevant ranking, a halved score for the competition items for which she had submitted a specific application and in one case this score was even reset to zero.
Having taken note of this circumstance, Dr. CM presented a complaint request to the school administration, through which she contested the halving and/or zeroing of the score awarded to her.
However, the School Office did not accept the aforementioned complaint.
The judgement
Therefore, considering the actions of the school administration to be illegitimate, Dr. CM, with the patronage of the lawyers Girolamo Rubino e Calogero Marinofiled an appeal before the Court of Agrigento, acting as a Labour Judge.
The lawyers Rubino e Marino argued in court how the conduct carried out by the school administration should have been considered manifestly harmful to the general principles in competition matters and to the ratio inherent in any procedure announced by a public administration, where the purpose of the procedures announced by the public administration is to recruit the most qualified and/or qualified personnel, trying, where possible, to deduce the qualifications themselves in light of what is indicated and produced by competitors.
In detail, the aforementioned lawyers also pointed out in court that in the case in question the so-called investigative assistance should be activated, since the documentation presented by the candidate left margins of uncertainty that could easily be overcome.
The sentence
Well, with sentence dated 06.26.2024, sharing the defense arguments supported by the lawyers Rubino e Marinothe Court of Agrigento accepted the appeal of Dr. CM, recognizing her the requested score, and ordering the Ministry of Education to pay the legal costs.
In particular, the Agrigento Labour Judge observed that in this case there was a hypothesis of a material error in the compilation of the application, which could therefore be overcome by means of the so-called investigative assistance, invoked by the lawyers. Rubino e Marino.
Consequently, as a result of the above ruling, Dr. CM will obtain a significant advancement in her position in the respective GPS rankings.
