JOHN WISDOM OF ACTION VS CGIL ACTION VS JOHN WISDOM OF CATANIA CGIL
COURT OF CATANIA
SECTION labor disputes
ACTION
of Mr. JOHN WISDOM born in Catania on 04.18.1944, resident in Bummacaro avenue n 12 / H (Cod Fisc. SPNGNN44D18C351K) - address for service in Catania Piazza Montessori 6 at the office of Attorney signed Salvatore Cuscunà that represents and defends by proxy at the bottom of this document
AGAINST
The GENERAL CONFEDERATION OF THE ITALIAN JOB (CGIL) with national headquarters in Rome - CHAMBER OF WORK OF THE TERRITORIAL CATANIA with offices in Crociferi No 40 (Cod Fisc. 80,008,110,878) - in the person of the legal representative
FACT
The applicant (the title of a land surveyor) has worked at the CHAMBER OF REGIONAL WORK OF CATANIA - from January 1985 to 9 / 12 / 2003, without interruption.
DUTIES
In this period he carried out the tasks listed below:
opening and closing of local Crociferi Street, which had its keys;
organizing marches and demonstrations called by the CGIL (also with the use of his car, a telephone operator's work, posters, field offices with paperwork, payment of cash and checks in a bank account held by the federal government, the taking of money in the bank, signing contracts with various entities by delegation; purchase of several newspapers and journals, organization of campaigns to collect signatures during the referendum and provision of signs and posters on the occasion of various festivals Unity, in 1985 (at the time secretary was Mr. Maurice Pellegrino) dealt with the reconstruction of the Information Centre for Unemployed within the Confederation and in 1987 oversaw the campaign carried out by the CGIL for regularization of temporary workers at the city of Catania (in close collaboration with the then secretary of the CGIL Maurizio Pellegrino); in 1988 (following a theft of some computers) also had the task of supervision.
All tasks just now mentioned and more, no less important, were completed during the year under the direction of the various Secretaries: Maurizio Pellegrino, James Scarciofalo, Garufi Francesco, Francesco Battiato (or nominees of such secretaries).
in 1993 (for reasons related to the activity carried out and because of such efforts) the Sapienza suffered (by an unknown), even the burning of the car. This fact was recognized as the damage suffered during the work, so that he was verbally promised that the federal government would have taken charge of its compensation.
To carry out the tasks listed above should be seen in the Wisdom of the Level 4 ^ Negotiable industry trade (the contract that the CGIL apply to their employees). By way of welcome, the latter may be considered as a reference, pursuant to art. 36 of the Constitution.
WORKING HOURS
This work was carried out by the appellant - for the period indicated above - a full-time for over 40 hours per week. The Wisdom not doing other work activities employed by others or self-employment, for which retrubuzione the allowances paid for work performed at the Confederation was the only source of income. It was appreciated by all for the commitment made in the performance of work. Often remained busy until late at night, precisely because he had to arrange to close the premises of which (repeat) held their keys. Wisdom was not entered in the CGIL, purnondimeno for years, was a historical figure within the federal government and a reference point for managers and members.
PAY
For activities carried out the applicant received a fixed monthly sum, and for the use of his car, a refund. However, since the position of the worker had not been formalized at the social security institution, the salary he was paid almost always in cash (by check exception), but always without issue of pay slips. due monthly, sometimes was paid in a lump sum and periodic payments other times, reaching a fixed amount of:
1) 600,000 monthly from January 1985 to April the year 1995;
2) 1.1 million monthly from May 1995 to February 1996;
3) 1.52 million monthly from March 1996 to September 1998;
4) 1.9 million monthly from October 1998 to March 1999;
5) 2.1 million (€ 1,084) per month from April 1999 in September 2002;
6) 2,160,000 (€ 1,118.00) per month from October 2002 to December 2004.
(For details and total see table below).
Being unofficial accounts, the remuneration paid to Wisdom was recorded in some tabulations (sometimes written with a pen and others with the help of the computer).
EVENTS THAT HAVE GIVEN THE DISMISSAL MINUTES IN THE TRUNK -
The applicant has completed the work mentioned above by 1985, without opposition. In the second half of the nineties, realizing that you have worked for many years without pay coverage, advanced timid economic demands and contributions, but those requests were always bulldozing by the various leaders of the day. The situation had to fall when the applicant - after asking for the umpteenth time to pay for the regularization of past years and the payment of wage differentials - found himself opposed by Administrator of the CGIL's invitation to turn to a cleaning company with which (to say the administrator) the Sapienza would lend his work at the headquarters of the CGIL, "... It also appears that your employer is the cleaning company to which you have to turn to for whatever you may be attributable matured and for which you borrow your work at the n / s seat. I suggest therefore to clarify your position with the cleaning company in which you have been hired and the office CGIL organization to which you must give account " ( Letter 10/01/2003 - Doc. 19). The content of
letter was found, to say the least, preposterous and absurd as the Wisdom (as we all know) had always performed the tasks listed above (which did not include cleaning) at the premises of the Chamber of Labour of Catania, receiving directives only by officials of the CGIL and never cleaning companies where the administrator was referring in his letter. The Wisdom had nothing to do with the fact cleaning company and had not received any instructions from it. At this point, through the undersigned lawyer, was sent to the federal government ("to the attention of the Secretary") a registered letter dated 28.10.2003. In this letter immediately followed by the federal government, retaliatory behavior directed to marginalize the worker. In fact, before they were removed from Sapienza some delicate and important tasks (such as, for example, handling money, checks and banking) were also replaced the locks on the entrances of their premises to prevent the employee via Crociferi to use the keys held. In this unspeakable act of retaliation followed the letter of 12.6.2003 to the attempt at conciliation at the UPLMO
to the latter, immediately was followed by the ouster of Wisdom from the premises, then the dismissal minutes. So, the other letter followed 09.12.2003 for the second attempt at reconciliation in order to report the dismissal.
At this point (it had never happened before) with a singular act Novalux the court notified on 12.17.2003 distrusted the wisdom not to be in the service in place other than that given to it (ie the Chamber of Labour) because, in the absence , would be regarded as AWOL.
followed the document sent by the court to Novalux wisdom with which he sums up the previous contest and threats the company pointed out that the same worker had never been, in fact, employed by that company and had never done cleaning in the CGIL
On 11.12.2003 the receipt of the letter from them with which I turned, he remarked on the strangeness of the CGIL in the case.
attempt conciliation before 23/3/2004 all'UPLMO has had negative results for the non-appearance of the CGIL - Room territorial Catania.
LAW
First, it relied on the application of all regulations protecting labor and the dignity of workers, since the federal government, art. 2 of its Statutes, states: "The CGIL bases its programs and their actions on the dictates of the Constitution of the Republic and argues for full implementation. " And again: "The CGIL affirms the value of solidarity of a society without privilege or discrimination, where have the right to employment, health, social protection ..." "The CGIL protection, forms and procedures most appropriate the right of all workers and employees to report accurate and impartial, especially with regard to the possibility of sexual harassment and blackmail. " So, we ask, first, the application of Articles 2, 3, 4, 32 and 36 of Constitution, Articles 1175, 1176, 1375, 2060, 2086, 2103, 2118, 2120, 2043, 1218, 2049, 2087 of the Code. Civ. and (in so far as is applicable to the organization) Law 604/1966, as amended by Law 108/1990 and any other rule (even-ranking European Union) that the case raised, directly or indirectly refers.
sued -
The defendant (the first letter of the administrator and then with that of his legal) dispute that it was the employer of Wisdom from 1985 to December 2003, but this claim is unfounded because The Wisdom in the specified period, it was only employed by the federal government never carry out tasks of housekeeping.
The above is also proved by the circumstances (documented ) below: 20/09/2002
the Confederation, in a letter to the SIAE shall direct the conduct of an event and delegates to the signing of the contract Mr. John Wisdom ;
on 23/9/2002 John Sapienza contracting and pay the check, on 10/02/1998
the Labour Wisdom and authorizing the levy at the Bapro 6,000,000 (the person had to be Sapiemza great confidence considerable amount of collection);
25/1/1999
the CGIL Catania - Chamber of Labour - issues on c / c Monte Paschi di Siena a grant of 2,500,000 lire for wisdom in favor of pay;
29/2/2000
the Confederation shall commission to John Wisdom to lead to a service center TIM one of the phones work, the
01/04/2000 Wisdom instructs the federal government to require the statement of account at the Bank;
on 24/11/1998 Wisdom is authorized by the Scarciofalo James (who gives him photocopy of identity card) to complain to the police as a result of loss of a cell phone owned by the federal government;
attached photos document the involvement of Wisdom two campaigns of the CGIL,
on 07.10.2003, on the centenary of the CGIL, the Wisdom is delegated to make the payment to SIAE of the events, the
6 / 10 / 2000 Wisdom is still managing Tim bring to a phone fault belonging to the Confederation;
on 29/08/2003 at Monte Paschi di Siena has an allowance of € 500.00 for the collection and at the same time is delegated to pick up a booklet ' checks on the c / c 10301.6900 payable to the Confederation;
October 2002 the applicant was asked to distribute the " comrades of the Secretariat, to fellow leaders, departments, the company administration, classmates apparatus " the circular letter of 28/10/2002;
on 04/06/2003 Sapienza withdraws one of the many bills (to € 327.90) place via the newsagent on the corner of S. Giuliano Via Etna, where the CGIL bought the newspapers with the collaboration of the applicant (the official receipt for the purchase of newspapers for the month of May 2003 made on behalf of the CGIL)
Then there are the tabulated (it reads " ribbon Sub - SOCIETA ': CGIL Catania - Sub: 04.21. SPZG JOHN SAPIENZA" ), processed by the computer of the CGIL Catania, signed by the CEO Lorenzo Giuffrida through which it is shown that even John Sapienza from 1992 to 1998 was paid by the defendant;
ev'è then penned a copy of records and compiled by 'Lorenzo Giuffrida administrator and countersigned by the Wisdom which show that even in 2000 the worker was on the payroll of the defendant;
the Wisdom, for business was also in possession of the list of members of the Territorial Board of the Chamber of Catania's work that have taken place over the years with whom he kept continuous contacts;
was delivered to the plaintiff, for reasons work, the 2003 budget of the Chamber of Labour;
the Sapienza in 2003 was delegated to carry out operations at the Banca Commerciale (c / c____________, c / c ___________, c / c____________della FILCAMS, c / c__________della FIOM), at the Banca Popolare di Ragusa (c / c_____, c / c_________della services company CGIL Sicilia), at Monte Paschi Siena (c / c c________ / c________della FILLEA / CGIL), and again, the CGIL 01/23/2001 - House of work - give check to pay for the Wisdom section on Monte dei Paschi di Siena for pounds 1,000,000. Obviously, the documents and facts listed show only a small part of the work carried out by Wisdom, further Confirmation will take you through the acquisition of checks paid, deposit slips (prepared by the applicant) and against extracts from the above mentioned tuttele Banks we work with the CGIL Catania, banking and tax investigations could be carried out on behalf of the court on the federal government accounts and computers, as well as other documents signed by various officials (the documents that Wisdom is trying to recover) that we may produce a result (if necessary also elsewhere) and, with the expertise on calligraphic writing, where the concerned they were denied their provenance, and, finally, try to articulate the following texts.
pay differentials
John Sapienza, throughout the report - to the tasks mentioned above - remains occupied by 8.30 to 13 and from 16.30 to 20. Consistently, the salary is not commensurate with the quantity and quality of work carried out under Article. 36 of the Constitution, it should be adapted as attached following the application of the collective agreement for the trade sector.
The Wisdom is also entitled to overtime and other items set out in the prospectus, the total amount shown in it.
ILLEGAL 'OF DISMISSAL AND RESTORATION OF RELATIONSHIP.
Supporting documents and the correspondence shows that the claimant until the date of 9/12/2003, the defendant worked at and employed by it. It 'also demonstrated that the applicant was first sidelined and then removed from the job only after it began to advance the just demands and pay contributions and because of that its legitimate behavior. Consistently, it relates in a typical case of the dismissal ineffective because no written notice (though it is also a retaliatory dismissal or retaliation, and wrongful dismissal and totally ineffective). The assessment of unilateral termination of the contract involves, as a result, the recovery ratio and the payment of wages from the date of dismissal to the date of actual reinstatement. Consistently, we ask be declared invalid and void because of the dismissal without notice in writing and in any event unlawful because, with the consequent restoration of the report and the payment of wages per day since the day of the dismissal of the effective reintegration.
DAMAGES-NON CAPITAL
The Wisdom, the first has been marginalized through the demotion and then was illegal deprivation, on the spot, work that provided the only source of income , has no other income. Accordingly, the dismissal (including the how it occurred and the age of the worker himself), is determining the consequences that go beyond the strict sense of compensation. unexpected and sudden loss of employment, without the prospect of a pension entitlement , is creating a major impact on his health, its psycho-physical balance, family life and relationships in general. It is to be noted that the applicant shall submit to periodic visits, as is apparent from the attached certificates, so that in one of them was also pointed out that the disease may be linked to bullying (on this point and to determine consequences and gravity is sought appointment of a CTU).
The Wisdom, therefore, is also entitled to compensation for non-pecuniary damage (damage moral, existential and biological) in the amount of € 100,000.00 or that other amount that will be established during the proceedings after CTU or determined in the discretion .
FAILURE to pay -
's failure to pay, which occurred for all the years of work involves, in each case, even a Court decision that established the existence of the report for the period indicated and declare the defendant liable to pay contributions to this perioco. Graded in line (when there were the conditions) the damages resulting failure to pay. If the deciding considers, also called into question after the INPS.
IN GRADE -
The documents produced, how did the course of the relationship, the duties of the applicant (conditions that will be confirmed by the witness evidence) show that there was no relationship with other employers, but if the defendant were to oppose the existence, it must be declared in the simulation. In the alternative, that is certainly concerns in the case of service contract (Law No 1369 12/10/1960 Legislative Decree 276/2003 and later) and, in particular, in cases governed by Article 27 or 28 of that Act ( irregular administration and administration fraudulent). With the effect provided for in paragraphs 1 and 2 of Rule (Constitution of the employment relationship with the CGIL), and with all the consequences and pay contributions.
SUBSIDIARY ACTION EX ART. 2041 CC unjust enrichment -
only for completeness and as completely graded, the action is carried out under Article subsidiary. 2041 cc In the final analysis, it is undeniable that the defendant was unjustifiably enriched at the expense of Wisdom with resulting injury and damage to the latter that has the right to be compensated for an amount not less than € 149,482.73, corresponding to ' enrichment of the defendant and the injury of the applicant. For the foregoing is
USES
At the Court of Catania which an employment tribunal that he will set the hearing for discussion, have the appearance of the parties and accept the following
CONCLUSIONS
1) ensures and declares that from 1985 to December 2003 between the CGIL - Territorial Chamber of Labour of Catania - John Wisdom has elapsed and the employment relationship, therefore order the defendant to pay the applicant the sum of Euro 126,217.19, as specified in the above table, to pay, thirteenth, fourteenth, holidays, vacation, rest and so highlighted, with legal interest and appreciation of the artist's claim for the purposes. The above Code of Civil Procedure 429 in accordance with art. 36 of the Constitution and existing laws.
2) declare unenforceable or void the dismissal notice because without respect for the form, without just cause or justifiable reason and order the restoration of the employment relationship with the tasks previously carried out , under the existing laws with the payment of wages accrued daily from the day of the dismissal of the actual recovery and to pay damages caused as a result of the unlawful dismissal.
3) order the defendant to pay compensation for non-pecuniary damage the applicant continues to suffer in the amount of € 100,000.00 or greater than the amount that other deciding specify.
4) declare, however, that the defendant is liable to pay social security contributions from 1985 to December 2003 and, if not impossible, to recover damages resulting from the failure to pay.
5) If the recovery does not happen or the reintegration of the report, order the defendant to pay (in addition to wage differences) the indemnities estimated at € 23,265.54 Annex prospectus.
defendant to costs and fees.
Provide the sentence of clause required by law.
We produce the following documents:
letter dated 20.9.2002 directed the SIAE;
resulting contract signed 09/23/2002 by Wisdom;
allowance of 02/10/1998 to fetch 6,000. 000 from the Bapro (borrower Sapienza);
check the 01/25/1999 2,500,000 lira in favor of the Wisdom section on c / c Monte Paschi di Siena Chamber of Labour;
09/29/2000
delegation of the federal government to Wisdom for service center TIM
delegation of 24 / 11/1998 to complain to the police;
No 2 photos of the participation of the two campaigns Wisdom of the CGIL,
delegation of 07/10/2003, the payment of the SIAE for events to celebrate the centenary of the CGIL,
delegation of the Wisdom for 6/10/2000 TIM;
copy of check dated 29/08/2003 € 500.00 presented at the Monte Paschi di Siena and delegation to withdraw a checkbook on the c / c _________ payable to the Confederation;
letter of 28/10/02 to be distributed to the various components of the confederation;
bill 04.06.2003 for the purchase of newspapers with no 2 attachments signed by Battiato and others in the room to receive;
photocopy No Sheets of 15 "ribbon Sub - SOCIETA ': CGIL Catania - Sub: 04.21. SPZG JOHN SAPIENZA "signed by the CEO Lorenzo Giuffrida;
photocopy No 7 sheets of the records compiled by the administrator and signed by Giuffrida Lorenzo Sapienza;
list of members of the Territorial Board of the Chamber of Labour of Catania;
No 6 sheets of 2003 budget of the Chamber of Labour;
statement of the CGIL in December 99 withdrew from the Sapienza;
Monte Paschi
check the order of 1,000,000 lire 01/23/2001 John Wisdom;
letter 20/01/2003 administrator of the CGIL Brigadeci;
letter 28/10 / 03 to CGIL;
No 2 UPLMO meetings and verbal negative
extrajudicial act of Novalux to Wisdom;
extrajudicial act of wisdom to Novalux;
letter Att. I turned them on behalf of the CGIL, USL 04/11/2004
document signed by dr. Manganites;
certificate of the USL's disease 05/19/2004 No 35;
03/24/2004
certificate signed by Dr. Manganites;
document USL 34, 17/05/2004 signed by dr. Manganites;
extract from the Statutes of the CGIL,
CCNL industry trade.
ASKS to ascertain from the INPS OF CGIL Catania if he paid social security contributions on behalf of the applicant.
It calls for the appointment of CTU to the verification of the amounts required under Negotiable usage, as well as CTU, to verify the accounts for the period in question through the control of the computer equipment of the trade union CGIL, it calls for advice Medical for quantification of non-pecuniary damage sustained by the wisdom and as a result of dismissal for alleged failure to pay.
is asked for proof texts the following articles:
1) be that the applicant was employed by the CGIL - CHAMBER OF WORK OF THE TERRITORIAL CATANIA January 1985-9 / 12/2003, uninterrupted?
2) be true that: took care of opening and closure of local street Crociferi which held its key? He organized rallies and demonstrations called by the CGIL. including the use of your car? Answering the telephone? Dealt dell'affisione posters? Advertising and events organized each year on behalf of the CGIL in the "Unity Day" took care of handling practices at various field offices? Deposit cash and checks in the bank accounts of the federal government? Take the money in the bank on behalf of officials? Enter into contracts and relationships with various entities held by delegation of officials? Bought several newspapers and magazines on behalf of officials? Organized campaigns to collect signatures in referenda;
3) be true that in 1985 (at the time secretary was Mr. Maurizio Pellegrino) dealt with the reconstruction of the Information Centre for Unemployed in the Confederation)
4) be true that in 1987 oversaw the campaign carried out by the CGIL for regularization of temporary workers at the City of Catania (in close collaboration with the then secretary of the CGIL Maurizio Pellegrino)?
5) be true that in 1988 (following a theft of some computers) also had the task of supervision?
6) be true that the tasks mentioned above, and others less important, were completed during the year under the direction of the various officials of the defendant and that all the secretaries were aware Wisdom of the work carried out by the Chamber of Labour within the CGIL Catania?
7) be true that, in 1993 suffered the Sapienza (by an unknown) the fire of your car and the accident was recognized as the damage suffered during the work, so that he was verbally promised that the federal government would have made load on compensation?
8) be that the above tasks were completed - the same way - for the years 1985 to 09.12.2003 and the remuneration was paid by the federal government?
9) be that the applicant was not a cleaner, and has never carried out such work within the CGIL?
10) be true that after the claims made, the Wisdom, the first had been prevented from carrying out the work of opening and closing the facilities through the replacement of the locks of the premises of the Chamber of Labour and after formal notice has been not occur and at the same premises?
11) true that " ribbons Sub products and records which shows the amounts paid to Wisdom have been drawn from the computer of the CGIL Camera del Lavoro di Catania?
You indicate which texts
via_______________Catania Giuseppe Caruso;
via____________Catania Graziella Lombardo, Salvatore Ventimiglia
via__________Catania;
Via_________ Gaetano Basile;
Di Bella Rosa Via__________Catania;
Mandalore via___________Catania Maria Rita;
Siracusa Salvatore via_______________Catania ;
Emanuele Grazia via________________Catania;
Costanzo via______________Catania Marilena;
Greek via__________________Catania Salvatore; Stefano Valastro
via__________________Catania;
thrives via________________Tremestieri
D'Angelo;
Lagona
Carmelo via___________________Catania
