Cass. civ., Labor Section, Order no. 10043/2024: Reflections on Proof and Employment Liability

The recent Order no. 10043 of the Court of Cassation, issued on April 15, 2024, offers an important opportunity for reflection on employer liability and the burden of proof in cases of occupational diseases. In particular, the Court ruled on a case concerning a worker who contracted Hepatitis C following a workplace injury, highlighting fundamental aspects related to the evaluation of documentary evidence and contractual liability.

Circumstances of the Case

In the case examined, the appellant, A.A., had sued the Calabria Region, successor to the ASL 2 of Castrovillari, for compensation for damages suffered due to an infection contracted during service. The Court of Appeal of Catanzaro had initially rejected the claim, deeming the evidence provided by the worker insufficient, as they had failed to adequately demonstrate the causal link between the injury and the illness.

The Court of Cassation emphasized the importance of an overall assessment of the evidence, rather than a partial selection.

The Court of Cassation's Judgment

The Court of Cassation, upholding the appeal, highlighted that the Court of Appeal had failed to consider a series of crucial documents that could have supported the appellant's claims. In particular, the Court reiterated that it is fundamental, in labor proceedings, for the judge to exercise their investigative powers ex officio to ensure effective protection of the right to defense. The decision underscored the principle that, in the employment context, the causal link between illness and work activity must be assessed with a less rigid approach, taking into account all available evidentiary elements.

Implications of the Ruling

This ruling has significant implications for employees and employers. Among the key points that emerged, we can highlight:

• The judge's duty to assess the evidence comprehensively and not limit themselves to considering only strong evidence.
• The importance of adequately demonstrating the causal link, but also the recognition that circumstantial evidence can have significant value.
• The principle of shifting the burden of proof in cases where the service-related cause is recognized, which can significantly influence the judgment of liability.

Conclusion

Order no. 10043/2024 of the Court of Cassation represents an important intervention on the management of evidence in the employment context, emphasizing the need for a flexible and fair interpretation of current regulations. This not only protects the rights of workers but also promotes a safer work environment and greater responsibility on the part of employers. In an era where occupational diseases are increasingly recognized, jurisprudence must adapt to ensure justice and equity.