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28 April 2010
A recent Supreme Court decision has established that an employee's superior can be held liable for bullying in the workplace, and for consequent economic and non-pecuniary damages, when such behaviour is intentionally damaging to the employee's professional dignity.
The decision protects the dignity of employees in compliance with the Charter of Fundamental Rights of the European Union, enforcing one of the inviolable rights enshrined in the Charter of Nice. The court emphasized that it is imperative that national laws conform to the principles established by the Treaty of Lisbon, which makes the principles of the Charter of Nice legally binding.
This significant decision establishes that an employee's superior is directly responsible for damage caused by bullying or demotion. It is also the first decision of the court that directly implements the principles of the treaty, which have priority over the provisions of the Italian Constitution.
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