Italian court awards manager 72,000 euros after firing for playing football on sick leave

Private investigation and dismissal

Mario, a 50-year-old manager living in Bergamo, worked for a metallurgical company when he received a diagnosis of multiple sclerosis in May 2023. During medical leave periods between 8 January and 15 March 2024, the employer hired a private investigator to monitor his daily activities. The detective logged visits to a sports center on 6 February, 13 February, and 20 February 2024. In the investigative dossier, the detective documented Mario carrying a sports bag, entering locker rooms, putting on goalkeeper gloves, and playing five-a-side football with friends. The investigator also noted that Mario had a beer after the match before heading home. Following the submission of the surveillance findings, the metallurgical firm terminated Mario's employment contract for disciplinary reasons on 14 March 2024.

Medical context and therapy

The company moved forward with the dismissal without full knowledge of Mario's broader medical and psychological situation. In addition to multiple sclerosis, Mario suffered from acute anxiety aggravated by the diagnosis, while also caring for a child with health difficulties. Treating psychologists had specifically instructed him to stay active, maintain his social ties, and engage in recreational activities that supported his mental wellbeing rather than staying isolated at home. Mario presented these therapeutic recommendations to the company after disciplinary proceedings began, but the employer maintained its termination decision. He subsequently challenged the dismissal before the labor court.

Psychologists advised me not to isolate myself, to maintain social relationships, and to do things that make me feel good.

Judicial ruling and financial compensation

Judge Monica Bertoncini ruled that engaging in sports during sick leave does not automatically constitute a valid ground for disciplinary dismissal under Italian employment law. The court established that physical activity amounts to a serious breach only if it worsens the underlying illness or is incompatible with the diagnosed medical condition. A court-appointed medical expert examined the case and confirmed that playing recreational football did not impede Mario's recovery, citing scientific studies on the physical and psychological benefits of movement for neurological and psychiatric conditions. In her assessment, the judge contrasted cases where physical exertion contradicts a physical ailment with situations where an employee dealing with stress-induced anxiety engages in recreation with friends.

Denial of reinstatement and resolution

While the court determined that the termination was unjustified, it rejected Mario's request for reinstatement to his former managerial position. The judge determined that a separate incident on 16 February 2024, when Mario left the office abruptly during an emotional breakdown, damaged the employment relationship sufficiently to preclude his return. Consequently, the court ordered the metallurgical company to pay Mario 12 monthly gross salaries of 6,000 euros each, amounting to a total compensation package of 72,000 euros. Mario has since secured employment with another company and continues to play five-a-side football on Thursday evenings.