Order No. 21931 of 2024: Compensation for Loss of Chance Damages in Public Employment

The recent Order No. 21931 of August 2, 2024, issued by the Court of Cassation, offers an important opportunity for reflection on the right to mobility in public employment. In particular, the ruling focuses on the issue of compensation for loss of chance damages for employees who are denied the opportunity to participate in legitimately anticipated mobility procedures.

The Right to Mobility in Public Employment

Mobility between public administrations is a fundamental right for public employees, provided for by various norms and regulations. The Court of Cassation, with its order, has reaffirmed the importance of guaranteeing this right, emphasizing that the omission of the mobility procedure can lead to serious consequences for the workers involved.

Right to mobility - Failure to initiate procedure - Compensation for loss of chance damages - Existence - Calculation - Criteria and parameters. In contracted public employment, an employee interested in a legitimately omitted mobility procedure may claim compensation for loss of chance damages, to be calculated by considering – as reference parameters for an equitable judgment and in proportion to the likelihood of a positive outcome for the procedure – the financial losses and lost earnings related to the failure to transfer to the destination Public Administration, which must also include the loss of any position allowance potentially due from such Public Administration.

Compensation for Loss of Chance

The concept of loss of chance refers to the concrete possibility of obtaining an advantage, in this case, the transfer to another public administration. The Court has established that, in the event of the omission of the mobility procedure, the employee can request compensation, which must be calculated by considering a series of parameters:

• The probability of success of the mobility procedure.
• Direct financial losses resulting from the failure to initiate the procedure.
• Lost earnings, including any position allowance.

These calculation criteria are crucial for ensuring fair compensation and reflect an equitable approach by the judiciary. It is essential that public employees are aware of their rights and the possibilities for compensation in cases of unjustified omissions.

Conclusions

In conclusion, Order No. 21931 of 2024 represents an important step forward in protecting the rights of public employees regarding mobility. It not only clarifies the right to mobility but also establishes the principles for compensation for loss of chance damages. The correct application of these principles is fundamental to ensuring a fair and just working environment in the public sector.