The Court of Cassation has established that the carrying out of private undertakings, guaranteed by article 41 of the Constitution, is not challengeable from a technical standpoint by the courts, but needs be carried out in compliance with the rights to work and health, with the consequence that the judge would not be breaching the aforesaid article 41 when declaring as unfair the dismissal challenged upon supervened physical unfitness to the assigned duties, upon failure of the employer to ascertain whether the worker could be assigned to other duties of equal level, avoiding the transfer of other workers or changes to the business organisation structure.
