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Flinto vs. ENI

Case overview

Date filed 17 June 2015
Current status Rejected
Issue Alleged wrongful dismissal of employee in Brazil
Summary of the case On 17 June 2015 the Italian NCP received a request for review from an individual, Douglas Linares Flinto, alleging that he had been wrongfully dismissed by Agip do Brasil which was part of the ENI Group at the time of the dismissal. The individual had previously been working at the company in Brazil as a manager.

Developments/Outcome On 2 July 2015, the NCP requested further information from the notifier regarding relevant sections of the Guidelines. The NCP noted that reference should be made to the Guidelines prior to the 2011 update. However, the notifier stated that developments had occurred in recent times and referred instead to the 2011 version. On 2 July the Italian NCP informed ENI S.p.A. of the request and on 9 July 2015, ENI S.p.A. submitted a note to the Italian NCP concerning the issues raised in this specific instance. On 15 July 2015 the Italian NCP contacted the Brazilian NCP for assistance because in June 2013 this request was submitted to the Brazilian NCP which rejected it since it did not meet the Brazilian NCP’s criteria for admissibility. The Italian NCP received the information requested from the Brazilian NCP on 23 July 2015.

The initital assessment of the Italian NCP dated 3 August 2015 notes that the issue submitted refers to facts dating back to 2001 and that it was settled by national courts in Brazil in 2004 and rejected by the Brazilian NCP in 2013. As such, the Italian NCP found that there was no room for mediation between the parties or any positive contribution to be given to the resolution of issues raised. Consequently, the Italian NCP finds that the request submitted does not merit further examination.
Relevant OECD Guidelines
Case keywords Extractives / mining sector

NCP Information

NCP name National Contact Point Italy
NCP address Via Molise 2 I-00187 Rome, Italy
NCP website www.pcnitalia.it
Other NCPs involved

Complainant

NGO

Company Information

Company responsible ENI
Company address Piazzale Mattei 1
00144 Rome
Italy
Company website http://www.eni.it/eniit/eni/home.do?mncommand=home&lang=en
Company in violation
Country of operations Brazil
Other companies involved

Timeline of developments

Date Actor Action Description Document
3 August 2015 National Contact Point Italy initial assessment The NCP finds that the case does not merit further examination. download pdf (2067Kb)  

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