" the unlawfully dismissed employee who did not challenge the termination in the short term provided for that purpose by law (60 days) is not due any compensation. The decline dall'impugnativa, in fact, prevents the employee to claim compensation under the rules codicistiche ordinary to the extent that does not allow the courts to establish the illegality of the expulsion penalty. If that burden is not fulfilled, the court can not know of the illegality dismissal even to reconnect itself, withdrawal effects of common law damages "(Civil Cassation, sez. lav., May 4, 2009, No. 10235, in accordance with Civil Cassation, sez. lav., June 10, 2009 No 13,580, click Help at Work 31 / 2009, with a note of Toffoletto; against: Civil Cassation, sez. lav., October 12, 2006 No. 21833, Civil Cassation, sez. lav., January 10, 2007 No 245).
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