Roberto Massazza must be reinstated as health director of the Cagliari Local Health Authority. Furthermore, the health authority must compensate him.
The March 2026 dismissal was unlawful, according to a labor judge who upheld the appeal filed by lawyer Matilde Mura for Massazza and struck down the decisions made by current manager Aldo Atzori, who had appointed Alessandro Coni as medical director.
The mess stems from a long-standing dispute over the unconstitutionality of the regional law that led to the appointment of a commissioner for Sardinia's local health authorities.
Massazza had signed a five-year contract in October 2022. He was therefore supposed to remain in office until October 2027. Meanwhile, the government led by Alessandra Todde had launched a pseudo-reform of the Sardinian healthcare system aimed at replacing the company's top management. With the ASL 8 administration being placed under special administration, Massazza remained in his position. But when Atzori was appointed general director, in March he decided that CONI would be the new health director.
For Judge Andrea Bernardino, who ruled on the appeal, the spoils system mess could not invalidate the first contract linking Massazza to the ASL. "The argument put forward in the appeal must be considered correct," the ruling states, "according to which the first contractual relationship (the one from 2022) has not been exhausted (...). Once the effects of the spoils system provided for by the unconstitutional provision have lapsed, the first contract in force between the appellant and ASL 8 remains in force." The resolution appointing CONI's successor must also be declared unlawful, according to the labor judge. "First, it was adopted based on the erroneous assumption that it was necessary to appoint a medical director, whereas, as already noted, the first contractual assignment existing with the appellant was still valid and effective." Secondly, "it must be excluded that, as a result of the appointment of a new director, there was an implicit revocation or automatic termination of the contract of the previous health director in office, or the appellant."
The ruling establishes that "the general director has the power to issue a reasoned order for the dismissal or termination of the medical director's appointment only in the event of a negative evaluation of the results of the services provided and the skills actually exercised in managing the entrusted services, allowing the medical director to assert his or her rights." This is not the case with Massazza.
The ruling also established that the ASL will have to pay Massazza € 5,867.96 net: that is, the difference between what he received from his work at Brotzu, where he had returned, and what he would have received had he remained in his position, which was unlawfully removed from him.
FdI's attack: Todde should pay out of his own pocket
Fausto Piga, deputy group leader for the Brothers of Italy party in the Regional Council, weighed in on the matter, calling it "clear financial damage" and demanding that the compensation be paid by Regional President Alessandra Todde: "You say you're putting your face on the line? Fine, do it and pay out of your own pocket."
