Oss suspended for not having the vaccine: appeal rejected
On April 20, 2021, an RSA from Isola bergamasca suspended and interrupted the salary of an unvaccinated social health worker, having no other job position where she could be employed that didn’t require her to be in contact with the patients.
On the following 18th May the worker filed an appeal and on 1st June the RSA responded with a defensive brief created thanks to the support of our legal team.
After two hearings, on July 16th the labour judge Giulia Bertolino agreed with the employer, rejecting the employee's appeal and confirming the provision adopted by the RSA.
This is the first pronouncement on this issue in the province of Bergamo and the fourth in Italy.
It is a very important milestone and, as required by the Consolidated Law on Safety at Work, it confirms that the health of employees cannot be jeopardized by the permanence in service of a worker who did not want to vaccinate. A principle that seems to be potentially applicable in all working sectors.
With the collective work of our legal team’s members we have defended the RSA involved, highlighting how the law considers vaccination a fundamental requirement for working in the health field.
