Supreme Court - Civil Section VI - Ordinance of January 28, 2014 no. 1725
In the case of illegitimate redundancy, the employer cannot deduct the worker's retirement pension money from the amount due for compensation for damages, pension money which, after having been rehired, the worker will give back to the employer such that it will be stored for that future purpose.
Consequently, the Supreme Court makes reference to its own previous law in United Sections (12195/2002), which states the following: “If a worker is made redundant in an illegitimate manner, the compensation for such damage which he or she is entitled to, according to Article 18, Law number 300 of 1970, commensurately with the salary lost, due to having been without a job from the time of being fired until the rehiring, must not be reduced by the amounts of money which the worker possibly received in the form of pension money, provided that the worker's retirement rights arise from proof of satisfying requisites of age and contribution established by the law, so that the economic utility that the worker draws from it (depending on legal factors which are in no way connected with the employer's right to fire a worker) will not be under the effect of the “compensatio lucri cum damno” rule.
