Cassation No. 3791/2024: Employer Liability and Burden of Proof in Mobbing

The Court of Cassation, with order No. 3791 of February 12, 2024, addressed a case of mobbing, establishing important principles regarding employer liability and the burden of proof. The case involved a female employee seeking compensation for economic and non-economic damages suffered due to harassing conduct by the Ministry of Education, University, and Research (MIUR).

The Case and the Court of Appeal's Decision

In the first instance, the Court of Fermo had rejected the applicant's claim, a decision subsequently upheld by the Court of Appeal of Ancona. The latter denied the existence of mobbing, deeming the proof of systematic persecutory behavior and harassing intent insufficient.

The confirmed absence of the elements of mobbing does not negate the need to evaluate and ascertain the employer's potential liability.

The Court of Appeal, however, did not adequately consider the link between working conditions and the employee's health damage, limiting itself to confirming the absence of mobbing without further analyzing the employer's responsibility.

Principles of Liability and Burden of Proof

The Court of Cassation accepted the grounds for appeal, emphasizing that Article 2087 of the Civil Code requires employers to adopt adequate measures to protect the health and integrity of workers. Even in the absence of mobbing, an employer can be held liable if they have not prevented a stressful work environment.

• The employer must demonstrate that they have adopted adequate preventive measures.
• The employee must prove the existence of damage and the causal link with the work environment.
• The distinction between mobbing and straining does not alter the employer's liability.

Ultimately, the order establishes that, in the case of an ascertained lack of mobbing, the judge must still verify the employer's liability for any omissions in adopting preventive measures.

Conclusions

Cassation ruling No. 3791/2024 represents a significant step forward in the protection of workers. It clarifies that, even in the absence of mobbing, employers are required to ensure a healthy and stress-free work environment. This decision strongly emphasizes the employer's proactive responsibility and the need to prevent potential harm to workers' health, confirming the complexity of the matter and the importance of correctly applying current regulations.