Termination and Compensation: The Court of Cassation in Ruling No. 27614 of 2024

The Court of Cassation, with ordinance No. 27614 of 2024, addressed a case of particular relevance in the field of labor law, concerning compensation for non-pecuniary damage and the validity of an employee's resignation. The decision focused on an appeal filed by the company CESAR di A.A. e F.lli Srl, which contested a judgment by the Court of Appeal of L'Aquila, confirming a previous first-instance decision.

The Context of the Ruling

The case originated from a payment order issued against B.B., a former employee, for the return of a sum of Euro 8,000.00 awarded as compensation for biological and moral damages. The company argued that, following the reversal of the decision annulling the employee's resignation, the basis for compensation no longer existed. However, the Court of Appeal clarified that the compensation was not linked to the resignation but to the discriminatory and dignity-violating conduct of the employer towards the employee.

The Court established that the compensation for non-pecuniary damage awarded to the employee was not causally linked to the annulment of the resignation, but rather to the company's overall attitude in the employment relationship.

Fundamental Principles Highlighted by the Court

The ruling highlights some fundamental principles that deserve attention:

• Respect for Employee Dignity: The Court emphasized that the company's conduct violated the principle of employee dignity, as provided for by Article 2087 of the Civil Code.
• Independence of Compensation: Compensation for non-pecuniary damage is independent of the validity of the resignation, confirming that the employee is entitled to compensation for unlawful conduct during their employment.
• Res Judicata and Compensation: The Court clarified that the interpretation of res judicata must consider the overall context of the employment relationship, and not be limited to individual events such as resignations.

Conclusions

In conclusion, ruling No. 27614 of 2024 represents an important affirmation of employee rights in Italy. It underscores how compensation for non-pecuniary damage must be guaranteed even in the presence of valid resignations, if the employee has suffered discriminatory acts or acts that violate their dignity. This pronouncement offers clear guidance to companies on the necessity of adopting respectful and correct conduct towards their employees, to avoid legal and reputational consequences.