Court of Cassation, United Sections, 15th December 2017, sentence number 30222/17
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15 January 2018

Court of Cassation, United Sections, 15th December 2017, sentence number 30222/17

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The United Sections of the Court of Cassation intervened on the remuneration of performance bonuses of psychologists, biologists and other similar categories.

With sentence number 30222/17, published on 15th December 2017, the United Sections remedied a wrongful interpretation of the previous law regarding the remuneration of performance bonuses of non-medical health managers (such as psychologists, biologists, physicists, etc.) who had previously obtained favourable judgements following their requests of recalculation of the bonuses.
This situation, worth millions of euros in the whole country, was solved thanks to the determination of a Venetian healthcare company who, assisted by MDA – Studio legale, obtained the revision of a decision previously taken by the Labour section of the Court of Cassation. That judgement allowed for the establishment of similar funds for both medical staff and similar categories without considering that since the first group was in much higher number they had to share a negligible amount compared to that of their non-medical colleagues.
This last sentence of the United Sections allows to combine law and equity. The Regione Veneto, which would have had to cover the extra costs deriving from an unfavourable judgement, will especially benefit from it.
MDA – Studio Legale handled the defence with attorney Andrea Bortoluzzi, managing partner of the Labour and Social Security Law department, and attorney Irene Corso. They both followed the events from the onset up to the final and favourable decision.

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