Corte di Cassazione, with judgement no. 16332 of July 3, 2017, confirmed that it is possible to work during illness if this doesn’t hinder or delay healing, as long as this does not violate correctness and good faith principles.

The EU Court of Justice specifies that the unilateral amendment, by the employer, of essential details of the employment contract is to be included in the notion of dismissal. It is therefore necessary to proceed to consultation with trade unions if the amendment involves a number of employees higher than the threshold set by collective bargaining agreements.

With Judgement no. 21328 of September 14, 2017, Corte di Cassazione ruled that, in order to configure a case of mobbing, damages to the employee’s health and persecutory behaviour, as well as their connection, are not sufficient, but require the existence of a persecutory intent unifying all damaging actions.

Corte di Cassazione, with judgement no. 22288 of September 25, 2017, confirmed that, in case of demotion, non-pecuniary damage (including existential damage) must be restored when it is consequent to a damage against inviolable rights, constitutionally guaranteed. Such damage can also be proved via simple presumptions.