The employee omits health conditions, the company is not ... - Il Sole 24 Ore

* Trifirò & Partners Attorneys

During the visit preassuntiva the employee must base their behavior on fairness and good faith, to avoid making the competent doctor – in the hope of being hired – false statements and severely reticent about the existence of past and / or current conditions.
Otherwise, the employer is not put in terms of assessing the compatibility of the duties assigned to the employee with the state of his health, and therefore can not be held responsible for any worsening of the latter.
So he decided the Court of Parma, with a measure of February 7, 2014, dismissing an action brought by an employee who complained about being assigned to duties that are incompatible with their health conditions and asked, therefore, the compensation for the damage resulting biological and moral.
In this case, the expert carried out in the course of the trial showed that the disease unmentioned by the applicant during the visit preassuntiva and the occurrence of which it regarded as the responsibility of the employer (cystic fibrosis) was, however, genetics.
In relation to this expertise, employee had also complained about the alleged breach of the adversarial principle, as the surveying operations were conducted by the CTU in the absence of its CTP, at that time engaged abroad. Moreover, the Court of Parma has also considered this complaint unfounded, pointing out that the CTU in calendarizzare operations expert, is only required to notify the parties, but not to go along with their requests for deferment of the same, except that such instances are motivated by a legitimate impediment, which must, in any case, to be rigorously documented.