Khaberni - An appeals court in southern Italy has ruled to reinstate a worker to his job, after considering his dismissal due to a photograph taken of him with his eyes closed during work hours as arbitrary and legally unjustified, in a case that sparked a wide debate on workers' rights.
Francesco Rucci was dismissed from his job at a company specializing in converting plastic into packaging, in May 2023, after the management deemed photos showing the worker with his head bowed and eyes closed as evidence of "sleeping on the job," which poses a safety risk inside the factory.
However, the appeals court in Lecce thought the dismissal decision was not based on a serious violation, described the action as unfair and unlawful, affirming that it does not rise to the level of the maximum penalty represented by termination of service, and compelled the company to reinstate Rucci to his job, and pay all his overdue financial entitlements.
The root of the case goes back to previous disputes between Rucci, who joined the company in 2016 and also held a position as a union representative, and the company management regarding labor practices.
After those disputes, he was transferred to a new job position which the company described as a promotion, without any accompanying salary increase or clear responsibilities, which Rucci considered a form of enforced isolation, indicating that he spent long working hours in an almost task-free environment.
The worker explained that his office overlooked a white wall with some boxes and a wastebasket, without internet connectivity. He added that he was working shifts stretching to 12 hours at times, and said he felt dizzy one day, so he closed his eyes for a few minutes, before that moment was used as an excuse to dismiss him.
The legal battle, which lasted nearly three years, had harsh psychological and material effects on Rucci and his family. Despite his criticism of the lack of union support and his colleagues' hesitation to stand by him for fear of management's reactions, Rucci affirmed his determination to return to his job "with his head held high," pledging to continue defending workers' rights.
