Court of Cassation, Order No. 22161 of 2024: Importance of the Burden of Proof in Mobbing Damage Compensation

Order No. 22161 of 2024 by the Court of Cassation, issued by the Labour Section, presents an important opportunity for reflection regarding the burden of proof in cases of mobbing damage compensation. The case originated from the legal action of A.A., an employee of the Municipality of Pachino, who sought compensation for psychological and physical damages suffered due to a situation of forced inactivity. The Court of Appeal of Catania had rejected the claim, deeming the causal link between the employer's conduct and the damage suffered by the worker to be non-existent. However, the Court of Cassation upheld the appeal, highlighting the importance of a correct assessment of the evidence.

The Legal Context of the Ruling

The Court of Cassation 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 conduct, in keeping A.A. in a state of forced inactivity, violated this obligation, causing damage to the worker.

The conduct of an employer who leaves an employee in a state of forced inactivity can cause prejudice to the professional and personal life of the individual, which is subject 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 incumbent upon the employer to demonstrate that they have taken all necessary precautions to prevent harm. The Court of Appeal, in evaluating the evidence, did not adequately consider the causal link between the working conditions and the worker's illness. It could be inferred that the findings of the technical expert's report were not correctly integrated into the final assessment, leading to an error in judgment.

• Importance of the technical expert's report in damage assessment
• Employer's obligation to demonstrate their diligence
• Correlation between the working environment and the worker's health

Conclusions

In conclusion, Order No. 22161 of 2024 by the Court of Cassation 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 assessment of evidence in cases of compensation claims. 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.