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Home > Workplace > Italy > 2002-03-26 - Court of Rome, n. 000/02

2002-03-26 - Court of Rome, n. 000/02

Workplace · Italy · Dismissal · Religious practices

The refusal to grant the applicant’s right not to work on Saturdays was not based on objective business needs

Key facts of the case - An Adventist hall porter employed in a hotel was dismissed on his refusal to work on Saturdays.

Main reasoning of the Court - The dismissal was found unlawful. Consistently with the Act 516/1989, the court has stated that an Adventist’s right to rest on a Saturday is not absolute, but it must be granted insofar as the planning and organization of shifts in the workplace is flexible enough as to allow the allocation of an Adventist employee to working days other than Saturdays. On the merits of this case, the Court has found that the refusal to grant the applicant’s right not to work on Saturdays was not based on objective business needs, and it has concluded that his dismissal constituted a religious discrimination.