Italian Supreme Court issues rulings on labor wages and smartphone health liability

The Italian Supreme Court (Corte di Cassazione) has issued two significant rulings regarding labor rights and consumer protection.

In a labor law case, the Court ruled that employees who were reinstated following an initial court order do not have to return wages received during the period of reinstatement, even if a subsequent appellate court later overturns the reinstatement and validates the original dismissals. This applies if the employer exercised managerial powers during the period, such as attempting to transfer staff to a different location. In this specific instance, workers refused a transfer to Catania that was later deemed illegitimate, and the Court protected their right to the wages earned during that interim period.

In a separate ruling concerning technology, the Court established that smartphone manufacturers can be held liable for damages resulting from “simple fear” regarding health risks, provided this fear translates into real and legally relevant psychological distress. The Court emphasized that manufacturers must go beyond minimum technical standards and provide updated information regarding radiofrequency exposure. This duty to inform exists even in the absence of absolute scientific certainty, allowing consumers to make informed decisions about usage patterns and exposure levels.