Worker fired for refusal to obtain a passport wins on appeal: illegitimacy of dismissal recognized and compensation of over 52 thousand euros

He is afraid of flying, does not take steps to obtain the passport necessary for possible trips abroad and is fired. But on appeal he obtained recognition of the illegitimacy of the dismissal and an indemnity of 20 months' salary, equal to over 52 thousand euros. It is the story of Giuseppe Capoluongo, a cable worker since 2002 at Bergami Packaging Solutions in Altedo di Malassociazione, in the Bologna area, fired on 27 March 2024.

The Court of Appeal of Bologna, Labor section, partially reformed the first instance sentence, which had instead considered the provision against the worker to be legitimate, assisted by the lawyers Alberto Piccinini and Eugenia Tarini. For the judges, the company's request to start the procedures to obtain the passport was legitimate and instrumental to the work activity. The conduct of the employee, who procrastinated, could also amount to insubordination.

However, what made the dismissal disproportionate was the context in which the behavior occurred. Already in 2011, Capoluongo had reported to the company that he suffered from aerophobia and had presented a medical certificate on the occasion of a possible trip to the United States. After a meeting with a Fiom official, the company had agreed not to send him on trips that required flights.

Furthermore, for over 12 years he had no longer been asked to carry out missions involving the use of the aircraft. According to the Court, this behavior demonstrates that the worker could "reasonably" trust that the company did not intend to send him to countries to which he would have had to fly. The contested conduct, therefore, although having disciplinary relevance, was not of such gravity as to justify dismissal.

The Court declared the relationship terminated and awarded the worker 20 months' salary of the final overall salary, indicated in the documents as 2,617.46 euros: 52,349.20 euros, in addition to the indemnity in lieu of notice, interest and revaluation.