Civil Cassation n. 3791/2024: Employer Liability in Cases of Mobbing
The recent ruling of the Supreme Court of Cassation, n. 3791 of February 12, 2024, focuses on relevant issues concerning the employer's liability in situations of conflict in the workplace. In this case, the appellant A.A. challenged a decision of the Court of Appeal of Ancona, which had denied compensation for economic and non-economic damages due to alleged bullying behaviors by the Ministry of Education. The Court of Cassation, accepting the appeal, clarified important legal principles that deserve analysis.
Context of the Judgment
The Court of Appeal had rejected the worker's claim based on the lack of evidence regarding systematic persecutory behaviors, fundamental elements for defining mobbing. However, the Cassation emphasized that even in the absence of such evidence, it is necessary to evaluate the employer's liability for failing to ensure a healthy work environment, in line with the provisions of art. 2087 of the Civil Code.
It is illegitimate for the employer to allow, even negligently, the maintenance of a stressful environment that damages the health of workers.
Principles of Employer Liability
According to the Court, art. 2087 of the Civil Code imposes on the employer the obligation to adopt all necessary measures to protect the physical integrity and moral personality of workers. Among these measures is the prevention of conflict situations that can cause stress and harm to health. Although the Court of Appeal excluded mobbing, it failed to examine the damage to the appellant's health and the causal link with the working conditions. The Cassation referred to previous case law, confirming that the employer's liability is not limited to evidence of persecutory intentions but extends to the obligation to ensure a healthy working environment.
- The employer's liability is both objective and subjective.
- The lack of evidence of mobbing does not exclude liability for harmful working conditions.
- The employer must demonstrate that adequate preventive measures have been adopted.
Conclusions
In conclusion, the ruling n. 3791/2024 of the Court of Cassation represents an important step forward in the protection of workers. It clarifies that, even in the absence of evidence of mobbing, the employer has the obligation to ensure a healthy and stress-free work environment. This principle, although not new, is strongly reiterated, emphasizing the importance of the employer's responsibility in preventing harm to the health of workers. The issue of health protection in the workplace is of fundamental importance and requires attention and adequate interventions from companies.
