CONSTITUTIONAL COURT DECISION | Judgment no. 125/2022
Judgment no. 125/2022 was deposited on 19 May and reshaped the remedial framework for economic dismissals under Article 18 of the Workers’ Statute.
The Court held that making reinstatement depend on the “manifest” non-existence of the underlying fact created an uncertain and unreasonable distinction. Once the relevant factual premise is found not to exist, the attenuated reinstatement protection may apply without an additional threshold of obviousness.
A global restructuring can be commercially genuine while the individual Italian dismissal is factually defective. The role may continue under another title, the employee’s duties may be redistributed inconsistently or an available alternative position may have been overlooked.
Before termination, employers should preserve the before-and-after organisation, identify who will perform residual duties and complete a realistic redeployment review. The decision letter should describe the actual Italian facts rather than rely on a general group announcement.