Decision of the Court of Torino, Labor Section, No. 6656 of 28 December 2016

The Court of Torino ascertained that the defendant company violated the principle of non-discrimination enshrined, inter alia, in Article 43 of the Consolidated Text on Immigration and the Status of Aliens (legislative decree No. 286 of 1998), when it decided not to assume the applicant only on the grounds of her Moroccan nationality and Muslim religion. On other hand, Article 41 of the Constitution protect freedom of enterprise and not all people temporarily employed by that company as sales assistants had later obtained a stable employment contract. For these reasons, the Court deemed that it could not order the company to assume the claimant, but rather to give her fair pecuniary compensation for the damage she had suffered.