Deandri: sentenza esemplare del Tribunale contro l’Amministrazione comunale di Roccaforzata

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Emidio Deandri (ANMIL): «Sentenza esemplare del Tribunale contro l’Amministrazione comunale di Roccaforzata»

Taranto, 4 ottobre 2021 – Da sempre l’ANMIL (Associazione fra Lavoratori Mutilati e Invalidi del Lavoro) sostiene che la sicurezza sui luoghi di lavoro non si ottenga solo con il rispetto della normativa, ovvero adottando tutte le precauzioni e fornendo ai lavoratori i dispositivi di protezione individuale previsti dalla legge.
Lo afferma il Vicepresidente nazionale ANMIL, il tarantino Emidio Deandri, sottolineando che «è altrettanto necessario garantire ai dipendenti quella condizione di serenità sul posto di lavoro che permette loro di concentrarsi, senza distrarsi pensando magari al mutuo da pagare senza stipendio, o, peggio, alle angherie subite mentre si lavora. È un malessere psicologico che fa vivere male il malcapitato arrivando persino a creare quell’attimo di distrazione che può provocare un incidente sul lavoro».
Questo accade sovente nelle aziende private, in cui troppo spesso imprenditori avidi sacrificano la tutela del lavoratore alle logiche del profitto, ma non dovrebbe mai accadere in un ente pubblico.
«Per questo ci lascia basiti, per usare un eufemismo – continua Emidio Deandri – apprendere della recente sentenza del Giudice dr. Lorenzo De Napoli della Sezione Lavoro del Tribunale di Taranto, che ha riconosciuto al dipendente C.G.F. il diritto ad essere risarcito nella misura di € 43.846,26 per danno biologico differenziale e morale, con interessi legali e diritto al rimborso di spese mediche, per danni a lui causati dalla condotta mobbizzante perpetrata da parte del datore di lavoro; il malcapitato è stato assistito dagli Avvocati Maria Luigia Tritto e Cataldo Tarricone, che da lustri assistono legalmente l’ANMIL Taranto, contro l’Amministrazione comunale di Roccaforzata».
Questa la triste storia: nel 2010 il giovane C.G.F. venne assunto con regolare concorso dal Comune di Roccaforzata e assegnato all’Ufficio Urbanistica e Agricoltura con la qualifica di Istruttore Tecnico Geometra; dopo alcuni mesi il dipendente subiva un progressivo isolamento da parte dei suoi colleghi ed una serie di comportamenti lesivi della sua dignità.
Seguiva l’iter consueto in cui si manifesta la condotta mobbizzante: contestazioni disciplinari pretestuose, trasferimento da un ufficio all’altro, privazione degli strumenti minimi di lavoro, confinamento in stanze non adeguate sino al licenziamento in base ad una segnalazione anonima!
Il TAR di Lecce ed il Giudice del Lavoro di Taranto ribaltavano gli esiti del licenziamento dichiarandolo illegittimo: il dipendente veniva così reintegrato, ma le condizioni di lavoro non mutavano, anzi peggioravano, come le sue condizioni di salute.
La sua richiesta all’Amministrazione comunale di Roccaforzata di danno materiale, biologico differenziale, esistenziale e morale provocati dalla condotta mobbizzante non dava esito, costringendo così il dipendente a rivolgersi all’Autorità Giudiziaria con gli Avvocati Maria Luigia Tritto e Cataldo Tarricone.
Oggi la sentenza esemplare che, riconoscendo il danno subito da C.G.F., di fatto ha sancito che l’Amministrazione comunale ha compiuto un reato penalmente perseguibile.

 

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