Fear of flying does not justify dismissal: worker wins on appeal

A fear of flying does not justify dismissal. This was ruled by the Bologna Court of Appeal, which, contrary to the judges at first instance, deemed the maximum penalty imposed on a cabling worker to be unlawful; the worker, due to a fear of flying, had failed to take steps to obtain a passport, which was necessary in the event of possible assignments abroad. On appeal, however, the first-instance verdict, which had ruled against the appellant, was overturned, and the labour division of the Bologna Court awarded him compensation of 20 months’ salary, amounting to over 52,000 euros. In the view of the judges at first instance, the company’s request to initiate the procedures for obtaining a passport was legitimate and essential to the performance of his duties. Furthermore, the employee’s conduct, in which he stalled the process, could constitute insubordination.

What made the dismissal was, however, the context in which the employer’s conduct took place. As early as 2011, the worker had informed the company that he suffered from aero phobia and had submitted a medical certificate in connection with a potential business trip to the United States. Following a meeting with a Fiom representative, the company had agreed not to send him on business trips requiring air travel. Furthermore, for over 12 years, he had not been asked to undertake any assignments involving air travel. According to the Court, this conduct demonstrates that the employee could ‘reasonably’ rely on the fact that the company did not intend to send him to countries that could only be reached by air.

The conduct in question, therefore, whilst constituting a disciplinary offence, was not of such a serious nature as to justify dismissal. The Court declared the employment relationship terminated and awarded the employee 20 months’ salary based on his last actual gross salary, stated in the court documents as €2,617.46: €52,349.20, in addition to compensation in lieu of notice, interest and index-linking. The employee concerned was satisfied with the outcome; he admits that he has never flown and intends to keep ‘his feet on the ground’.