According to the Court of Cassation, "mobbing" is understood to be a conduct by the employer or hierarchical superior, systematic and protracted over time, held towards the worker in the workplace, which results in systematic and repeated hostile behavior which ends up assuming forms of prevarication or psychological persecution, which can lead to moral mortification and marginalization of the employee, with harmful effect on his physiopsychic balance and on his personality as a whole. For the purposes of the configurability of the harmful conduct of the employer, the following are therefore relevant: a) the multiplicity of behaviors of a persecutory nature, illicit or even lawful if considered individually, which have been carried out in a systematic and prolonged way against the employee with vexatious intent; b) the event harmful to the employee's health or personality; c) the aetiological link between the conduct of the employer or hierarchical superior and damage to the psycho-physical integrity of the worker; d) proof of the subjective element, i.e. of the persecutory intent.
[Adv. Ennio Grassini – www.dirittosanitario.net]
February 1, 2012 – DoctorNews
