{"id":31295,"date":"2026-03-06T17:50:20","date_gmt":"2026-03-06T16:50:20","guid":{"rendered":"https:\/\/www.bacciardipartners.it\/?p=31295"},"modified":"2026-03-13T18:15:56","modified_gmt":"2026-03-13T17:15:56","slug":"demotion-between-proof-of-damage-and-entitlement-to-higher-duties","status":"publish","type":"post","link":"https:\/\/www.bacciardipartners.it\/en\/demotion-between-proof-of-damage-and-entitlement-to-higher-duties\/","title":{"rendered":"Demotion between proof of damage and entitlement to higher duties"},"content":{"rendered":"

By the Labour Law Department<\/a><\/strong><\/p>\n

\"Demansionamento<\/p>\n

The issue of job duties \u2013 and, in particular, demotion \u2013<\/strong> continues to represent one of the main sources of litigation in labour law, both in the private sector and in public employment. Recent rulings of the Italian Court of Cassation<\/span><\/span> and lower courts confirm a now well-established approach: a detrimental change in duties may give rise to employer liability even where the conduct does not amount to mobbing or straining.<\/strong> At the same time, damage can never be presumed automatically and must be properly proven, including through presumptions.<\/strong><\/p>\n

<\/h3>\n

Demotion and damages: mobbing is not required, but damage must exist<\/strong><\/h2>\n

With order no. 32359 of 11 December 2025, the Italian Court of Cassation<\/span><\/span> addressed again the issue of compensation for damage caused by demotion and clarified a principle of major practical importance: an employee may obtain compensation for moral and existential damages even in the absence of mobbing.<\/strong><\/p>\n

In the case examined, a bank employee who had been repeatedly transferred and assigned to lower duties had obtained, in the first and second instance, compensation only for damage to professional standing, while moral and existential damages had been excluded. The Supreme Court criticised that approach and stated that:<\/p>\n