The mere unlawfulness of a dismissal is not enough to transform an employer’s termination decision into conduct that infringes the employee’s dignity. This principle was reaffirmed by the Italian Supreme Court in Order No. 11929 of 30 April 2026, a ruling likely to have a significant impact on litigation concerning compensation for non-pecuniary damage arising from unlawful dismissals.
The decision addresses an issue that has become increasingly relevant in recent years: the growing tendency in employment disputes to seek, alongside reinstatement or monetary remedies, separate compensation for damage to the employee’s image, reputation, or professional dignity.
According to the Supreme Court, however, the distinction between an unlawful dismissal and an offensive dismissal remains clear. It cannot be blurred simply by relying on the seriousness of the accusations made against the employee, or on a subsequent judicial finding that the dismissal was unlawful.
