LIDO (VENICE) – He had started work a week before the date mentioned in the contract signed by the company: therefore, the period mentioned in connection with the probationary period is considered null and void and, consequently, also dismissal which he was then told was the reason for not passing the probation period.
The Venice court accepted the appeal filed by lawyer Emanuele Carniello on behalf of a girl employed in March 2024 as a breakfast room attendant at the Hotel Ausonia Hungary on Venice’s Lido, punishing the employer to re-employ the employee, as well as paying her compensation in the amount of 12 months (for a total amount exceeding 20 thousand euros) in addition to social security and welfare contributions until reinstatement.
The employer, assisted by lawyer Pierpaolo Favaron, tried to demonstrate the legality of its actions and the dismissal communicated verbally to the employee on April 5, 2025, but judge Anna Menegazzo came to a different conclusion.
In the case, both parties indicated different dates regarding the start of employment and signing of the contract and the judge confirmed that the company made various communications to the Employment Center regarding the formal hiring date, correcting the initial indications, even after the termination of the relationship.
Testimony
According to the ruling, the testimony of several witnesses is very decisive, who report that the girl also carried out work at the hotel in the days before March 28, 2023, the date of signing the contract: in that period she did not limit herself to trying on uniforms and collecting badges, but began to familiarize herself with the management program, tasks that, the judge wrote, constitute «training activities that characterize the start of a new employment relationship, which there is no reason to exclude from the definition of work activity and from the remuneration to which the employee is entitled”.
The sentence can be challenged on appeal, but in the meantime, it can be implemented immediately
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