Multiple sclerosis sufferer plays soccer: illegitimate dismissal, but no reinstatement

The diagnosis and dismissal

The man had been working as a manager in the company since October 2022. In May 2023 he was diagnosed with suspected multiple sclerosis, later confirmed by tests, which made it necessary to undergo treatment at the Neurology department of the Papa Giovanni XXIII hospital. Added to this were anxiety problems, for which he had also started a psychological journey. During a few days of illness, the fifty-year-old had gone to play five-a-side football in the evening. The company became aware of it after appointing a private investigator to follow its movements. After a two-day suspension without pay in December 2023, he was dismissed for just cause on March 14, 2024. Among the disputed episodes were the matches played on 6, 13 and 20 February, during periods of illness. The man was also accused of having left his workplace on the afternoon of February 16th. After the dismissal, the fifty-year-old appealed the measure.

The sentence

During the proceedings, as written by Judge Monica Bertoncini in the sentence, the medical examiner appointed as official technical consultant ruled out that playing five-a-side football "was incompatible with the state of illness or was in any case such as to delay recovery". The consultant cites studies that demonstrate how, in neurological and psychiatric pathologies, sport can bring benefits and be a "valid tool for improving the quality of life of people suffering from multiple sclerosis". On the basis of these assessments, the judge considered that the activity carried out during the period of illness did not present "anti-legal features". The fact of having played five-a-side football could not justify the dismissal, because it was not incompatible with the man's health conditions nor such as to compromise or slow down his recovery. However, the assessment of the episode of February 16, when the fifty-year-old left his workplace in the afternoon, was different. The worker had explained that he had left due to a psychological breakdown, but the judge considered that the disputed fact existed. For this reason he did not order reinstatement, although he ruled out that the episode was serious enough to justify dismissal. The man therefore obtained compensation equal to twelve monthly payments of 6 thousand euros gross each.