And Tuscan worker had been fired for going to see Fiorentina Juventus at the Artemio Franchi stadium despite having presented a medical certificate for illness to the company he works for. Yet, Giorgio Rispoli, judge, ruled in favor of him. It all dates back to last May when the worker presented a medical certificate for lumbocruralgia, more commonly known as sciatica. That is to say, the man has back problems which prevent him from working. Despite this, however, he manages to get behind the wheel, drive to Florence and go to Florence with a friend stadio to see, as previously mentioned, Fiorentina-Juventus, won by the Viola 2-0. Match that will give them the European qualification. Some witnesses, according to reports from the Republic, ensure that they saw him “allegro“, in “Perfect conditions” and especially “without any apparent pain“. At the end of the permit, he shows up for work and is fired shortly after because the company learned that he had gone to the Artemio Franchi for the match.
The reinstatement
Il giudice however, he spoke out in favor of the worker twice. The first last November when Rispoli had proved the worker right by imposing his own I reinstate and the addition of lost wages and contributions for the 5 months since his job was taken away. While the second and last time when he rejected the employer’s appeal. In this way, the debate on circumstances such as the date of purchase of the ticket or the failure to sue for forgery against the certificate is also eliminated.
“The match requires no effort”
Everything takes a back seat thanks to the words written by the judge in the reasons: “Going to a sporting event while ill does not qualify as a serious breach and therefore does not justify the adoption of an expulsion sanction“. And then, go to the stadium “it does not necessarily imply the aggravation of the complained disease“. Also because, except in some sectors, the game is watched sitting down. Without forgetting that the time of the game did not coincide with the availability for the tax inspection. In this way the man did nothing but exercise his right to free movement.”There is no obligation to rest completely pending illness, unless subject to medical prescription“, he clarifies. Also, “a game lasts less than a working day, does not require particular efforts and, in case of accentuation of the pain in that small fragment of time, the patient could have reacted by taking a single painkiller“.