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Evidence for presumptions of damage resulting from demotion.
- 21/12/2020
The Supreme Court, Labor Section, with decision of 4.12.2020, n. 27910 established that the damage resulting from demotion can be demonstrated before the Court with all the means permitted by the legal system, assuming the main importance is the evidence for presumptions, so from the overall assessment of precise elements inferred (characteristics, duration, severity, personal frustration ) it is possible, through a prudent assessment, to trace the unjust fact, i.e. the existence of the damage, by making recourse, pursuant to art. 115 c.p.c., to those general motivations deriving from the experience that are used in presumptive reasoning and in the evaluation of evidence.
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