Supreme Court, Ordinance No. 22161 of 2024: Importance of the Burden of Proof in Compensation for Damage from Mobbing
The ordinance No. 22161 of 2024 from the Supreme Court, issued by the Labor Section, presents an important opportunity for reflection regarding the burden of proof in cases of compensation for damage from mobbing. The case originates from the legal action of A.A., an employee of the Municipality of Pachino, who requested compensation for psychological and physical damages suffered due to a situation of forced inactivity. The Court of Appeal of Catania had rejected the claim, considering that the causal link between the employer's conduct and the damage suffered by the employee did not exist. However, the Supreme Court accepted the appeal, highlighting the importance of a correct evaluation of the evidence.
The Legal Context of the Ruling
The Supreme Court reiterated the importance of Article 2087 of the Civil Code, emphasizing that the employer has the obligation to ensure a healthy and safe working environment. This principle is also supported by European regulations on the subject, such as the European Agreement of October 8, 2004, on work-related stress. The Court highlighted how the administration's behavior, in keeping A.A. in a state of forced inactivity, violated this obligation, causing damage to the employee.
The employer's behavior that leaves the employee in a state of forced inactivity can lead to prejudice in the professional and personal life of the individual, susceptible to compensation.
Burden of Proof and Evaluation of Evidence
One of the most relevant aspects of the ruling is the issue of the burden of proof. The Court established that, in situations of mobbing, it is up to the employer to demonstrate that they have taken all necessary precautions to prevent the damage. The Court of Appeal, in evaluating the evidence, did not adequately consider the causal link between the working conditions and the employee's illness. It could be deduced that the findings of the technical expert's report were not correctly integrated into the final evaluation, leading to a judgment error.
- Importance of the technical expert's report in the evaluation of damages
- Employer's obligation to demonstrate due diligence
- Correlation between the working environment and the health of the worker
Conclusions
In conclusion, the ordinance No. 22161 of 2024 from the Supreme Court represents an important step in the protection of workers' rights. It reaffirms the employer's obligation to ensure a healthy working environment and the necessity of a correct evaluation of the evidence in cases of compensation requests. The Court's decision offers significant insights for all those who find themselves facing similar situations, highlighting the importance of adequate legal protection in the workplace.
