Most of the teachers who have not respected the vaccination obligation have filed appeals in recent months. In these days the sentences are coming for the professors no vax, the interpretations of the Italian courts are different. The sentence that gives hope to the no vax is that of Treviso: 34 teachers are involved in this appeal, suspended in January for not respecting the vaccination obligation of the decree law of 15 December.
On 10 May, the labor judge of the Tribunal of Treviso he gave reason to the lawyers of the teachers: “the applicants’ questions must be considered satisfied by the legislator even before judicial proceedings”. For this judge there is no longer the matter of dispute since the teachers, thanks to the latest government decree, have already been able to return to school. For the world no vax this sentence marks the illegality of the vaccination obligation.
However, the labor judge Massimo Galli says something else: «I have never established that the vaccination obligation is illegitimate, I would not have the competences. The sentence concerns the specific case of these teachers e it merely acknowledges the cessation of the vaccination obligation. Since the obligation no longer exists, the interest in the dispute has ceased and the cause must be defined as a result of the latest ministerial decree, which has retroactive value. This category of workers can therefore exercise normally ».
According to Mauro Sandri, defense lawyer for professors, reported by Corriere della Sera: «The court ruled that from the beginning there was a safer way than the vaccine to guarantee health in schools: the swab. In any case, it remains an incomplete sentence, we want the crime of to be recognized discrimination“. The lawyer then asks for compensation for his clients who were left without salary during the suspension period and also 15 thousand euros for moral damages because with the new decree the government would have disregarded the previous rules and repealed them.
Many other appeals are awaited with reference to this ruling. Others, however, did not have the same outcome. The Labor Judge of the Court of Nocera Inferiore rejected the appeal of a teacher who was suspended because she was not vaccinated. These are the words of the judge: “The right to self-determination of those who have decided not to vaccinate is to be considered recessive with respect to the protection of supreme assets such as public health, especially in consideration of the fact that the suspension measure, if adopted, does not it has a sanctioning function and does not prejudice the employment relationship in any way “.
The Labor Judge of the Court of Mass, Augusto Lama, rejected the requests of four teachers. “It was legitimate the behavior of the school administrators who at the time acted as required by law, in order to protect public health and maintain adequate safety conditions, in providing the essential service of education.”
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Source: Vanity Fair
