demotion demotion and the burden of proof of damage
" On the issue of demotion and disqualification, recognition of the worker's right to compensation non-pecuniary damage alleged that it follows - not using automatically in all cases of employers' failure - can not do without a specific allegation in the application instituting the proceedings, the nature and characteristics of the same injury, while the compensation for the biological damage is dependent on the existence of a lesion of 'physical and psychological well-diagnosed, the existential damage (to be understood as any injury, non-emotional and purely internal, but objectively ascertained, caused the areddittuale to the subject, which alter its habits and its relational structure, causing it to different life choices than the expression and realization of his personality in the world) must be demonstrated in court by all means allowed under, assuming primary importance, however, the test assumptions, so the overall assessment of specific points made (characteristics, duration, severity, knowability inside and outside the place of work ' deskilling made, out of frustration and reasonable expectations of professional progression, adverse effects deployed in the lifestyle of the subject) can, through a prudent assessment, in line back to the unknown fact, namely the existence of the damage ( Supreme Civil , sect. lav., December 19, 2008, No. 29832 ).
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