The case
The plaintiff worked for a number of years in the employ of a cooperative that manages the warehouse logistics of a Large Distribution Company.
The employee of the cooperative sues for a finding that he performed work in the employ of the contracting company, claiming that it would be merely formal employment by the cooperative, since the cooperative would merely hire him and pay his wages, while directives about the performance of the service were given by employees of the Large Distribution Company.
The litigation
During the course of the case, witnesses cited by the worker and witnesses cited by the respondent Company were heard, as reflected in the judgment. As is frequently the case, the two parties’ witnesses provided very different versions of the factual circumstances relevant to the decision and, in particular, on the manner in which the work was performed, which, according to the witnesses cited by the worker, was heterodetermined by the Contracting Company and not by the cooperative.
The Judgment
The judge of the Court of Verona made a careful assessment regarding the veracity of the