Reasons for the judgment of the Constitutional Court about compensation for unlawful dismissal

A press release of the Constitutional Court’s Press Office has been published, summarising the reasons for the judgment that has just been filed: first of all, it points out the contrast between the principle of equality and the censored provision, which made an unjustified homologation of different situations. In fact the length of service is only one of the factors for calculating the damage brought to a worker by an unlawful dismissal. A compensation which binded the allowance exclusively to length of service would set up a uniform measure, in practice, independent of the peculiarities and diversity of each dismissal, failing to the need to customize the damage suffered by the worker, which in reality the principle of equality requires.

According to the judgment, Article 3 also contravenes the principle of reasonableness, since the allowance is not such as to constitute adequate compensation for the harm suffered by the worker or to discourage the employer from dismissing him unlawfully.