Fired in Siena with the trolley test, judge orders reinstatement

The Court of Siena declared the dismissal of Fabio Giomi, 62 years old, cashier of Pam Panorama, illegitimate, ordering his reinstatement and condemning the company to compensate for the damage suffered and to pay the legal costs. The decision was announced today by Filcams Cgil of Siena. Giomi had been fired after being subjected to the so-called “trolley test” at the Porta Siena store, in which a case of beer contained other hidden items, such as lipsticks and buttons, which led to the intervention of an inspector. Giomi commented: “This news made me very, very happy. There was just an explosion of joy, because I had been nervous about this hearing all day. As for the return to the cash desk – he continued – at the moment everything is to be defined: times and methods are still to be established, so I can’t say anything about this”. During the hearing, supported by a crowd of around one hundred people, the attempt at mediation with the company failed: Pam had proposed the withdrawal of the dismissal accompanied by a ten-day suspension sanction, a proposal rejected by the worker.

The sentence

“I am very happy, not only for myself, but also for all the workers”, declared Giomi, underlining that the sentence represents protection for the approximately three million trade workers in Italy, often victims of discriminatory measures. The union had already reported similar cases in the same supermarket chain in Livorno and was conducting an analysis of other suspicious incidents. The Tuscan secretary of the CGIL, Rossano Rossi, declared: “I express great satisfaction with the ruling of the Siena Court, we were faced with a serious act resulting from the arrogance and malice that are pervading the world of work in these times, but once again the entire CGIL Tuscany has demonstrated that, without turning away in the face of injustice, results can be achieved united in the fight.” Lawyer Andrea Stramaccia, lawyer for the union and the worker, said: “I am very satisfied with the outcome of the case. From reading the ruling we understand why judge Delio Cammarosano accepted the request considering the dismissal of the cashier Giomi discriminatory for reasons of age. However, we are waiting for the motivation of the sentence. This provision rehabilitates a worker rejected at the end of his career by his employer and casts a heavy shadow on the legitimacy of the infamous ‘trolley test’ introduced by Pam to punish workers no longer welcome.”

The reaction of the unions

“We are immensely satisfied and happy – says the provincial secretary of Filcams Cgil Siena, Mariano Di Gioia – The sentence issued today by the judge of the Court of Siena demonstrates how the humanity and dignity of a worker can be an example for everyone and how the trade union struggle brings tangible results of justice and social equity. Giomi is an example for all the workers and for all of us, who believe in a fairer and more equal world of work where the most fragile must not lower their heads but react to the injustices and abuses of the strongest. Let’s put a principle into action, no commercial chain in this country can use the trolley test to fire inconvenient or old workers. I therefore thank the worker who believed in our union action, the Prefect of Siena who tried to mediate between the parties before arriving in Court and of course the lawyer Stramaccia of the Court of Florence and lawyer of the CGIL of Siena”.

Fabio Giomi announced that he had received a phone call from the CGIL general secretary, Maurizio Landini.