Italy: Employees’ Silence on Their Disability Does Not Reduce Damages for Discriminatory Dismissal
Employees’ silence regarding their disability cannot justify the reduction of the damages due in case of discriminatory dismissal: once the employer’s breach has been established, the employee cannot bear the consequences of the employer’s failure to verify the existence of a disability and to initiate the dialogue required to assess reasonable accommodations.
ABSENCE OF MOBBING DOES NOT EXCLUDE EMPLOYER LIABILITY UNDER ARTICLE 2087 OF THE ITALIAN CIVIL CODE
By Angelo Zambelli Even if the employee cannot prove a unified persecutory intent sufficient to constitute mobbing, the employer may still be liable under Article 2087 of the Italian Civil Code if it tolerates – even by negligence – a stressful and harmful work environment, given that Article 2087 protects the employee’s psychophysical integrity …
The fifteen-day deadline for revoking dismissal is not linked to why the dismissal has been challenged
Angelo Zambelli – Founding Partner, Zambelli & Partners 28-11-2025 The employer must notify the revocation of the layoff within fifteen days of notification by the employee of the challenge of the dismissal. Once the deadline for revoking the dismissal has expired, for the purposes of reinstating the employment relationship, the general principles of the …