The Court of Cassation, with the sentence 02/07/2011 No 2971 has clarified that the dismissal for exceeding the period of conduct imposed by the employer, should be considered illegal and therefore a source of damages, where the absence of the worker is not only related to events of the disease, but also an accident at work.
Therefore, the good faith of the employer beyond the period of license to behave on the basis of medical certificates supplied by the employer does not reduce the compensation if the disease is originated by other cause, thereby breaking the continuity of absences.
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