Supreme Court of Cassation Civil Ruling no. 3791/2024: Employer Liability in Cases of Workplace Mobbing

The recent ruling of the Supreme Court of Cassation, no. 3791 of February 12, 2024, addresses relevant issues concerning employer liability in situations of workplace conflict. In this case, the appellant A.A. appealed a judgment from the Court of Appeal of Ancona, which had denied compensation for pecuniary and non-pecuniary damages due to alleged harassing conduct by the Ministry of Education. The Court of Cassation, by accepting the appeal, clarified important legal principles that warrant analysis.

Context of the Ruling

The Court of Appeal had rejected the worker's claim based on the absence of proof of systematic persecutory behavior, which are fundamental elements for establishing mobbing. However, the Court of Cassation emphasized that even in the absence of such proof, it is necessary to assess the employer's liability for failing to ensure a healthy work environment, in line with the provisions of Article 2087 of the Italian Civil Code.

It is unlawful for an employer to permit, even negligently, the persistence of a stressful environment that causes harm to workers' health.

Principles of Employer Liability

According to the Court, Article 2087 of the Italian Civil Code obliges employers to adopt all necessary measures to protect the physical integrity and moral personality of workers. These measures include preventing conflict situations that may cause stress and health damage. Although the Court of Appeal excluded mobbing, it failed to examine the appellant's health damage and its causal link to working conditions. The Court of Cassation referred to previous case law, confirming that employer liability is not limited to proving persecutory intent but extends to the obligation to ensure a healthy work environment.

• Employer liability is both objective and subjective.
• The lack of proof of mobbing does not exclude liability for harmful working conditions.
• The employer must demonstrate that adequate preventive measures have been adopted.

Conclusions

In conclusion, ruling no. 3791/2024 of the Court of Cassation represents a significant step forward in the protection of workers. It clarifies that, even in the absence of proof of mobbing, employers have the obligation to ensure a healthy and stress-free work environment. This principle, while not new, is strongly reiterated, emphasizing the importance of employer responsibility in preventing harm to workers' health. The issue of health protection in the workplace is of fundamental importance and requires adequate attention and intervention from companies.