On Diritto 24, our Massimiliano Arlati and Luca Barbieri discuss about reasonable organizational adjustments and lawfulness of the ensuing termination of employment.
“With judgment 21st May 2019, no. 13649, Corte di Cassazione ruled that the dismissal of an employee found unsuitable for his duties following a grave injury may be unlawful.
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The adoption of “reasonable adjustments” aimed at including the employee in the organization, without for this having to bear excessive or disproportionate burdens
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For this purpose, the introduction of “smart working” may be an efficient solution for this purpose in many cases, even when, in more general terms, it’s a matter of introducing inclusive policies involving employees suffering from chronic ailments.
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It may determine a more efficient distribution of resources and an increase in productivity.
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Furthermore, for the evolution of the institute, technological innovation may impress a faster and wider increase of the protection of disabled employees, also in its (eventual) combination with the special taxation applicable on target-oriented bonuses
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