LABOUR | The Supreme court on demoting and prove of the harm suffered by the employee

On 2 May 2025 the Italian Supreme Court issued its judgement in the case No. 11586 stating that in litigation corcerning demotion-related damages, the employee bears the burden of providing concrete evidence to prove the financial harm suffered as a result of demotion. The ruling states that demotion does not cause damage in re ipsa, meaning that compensation for damages is not automatic; rather, it requires specific evidence by the employee of the damage suffered, who must demonstrate both the financial and non-financial harm incurred as a consequence of the employer’s conduct. A specific assertion regarding the nature and characteristics of the harm suffered by the employee is therefore needed and can be proven in court by all means permitted by law.

Newsletter n. 108 – April 2025