Podcast by Lawyers Stefano Trifirò, Mariapaola Rovetta Arici, and Jacopo Moretti – Trifirò & Partners
According to case law, for mobbing to be established, three key elements must be present:
- a series of persecutory behaviors;
- harm to the employee’s health, personality, or workplace dignity;
- a causal link between the employer’s unlawful conduct and the damages suffered as a direct consequence.
But who bears the burden of proving mobbing and the resulting harm in court? And how can the employer defend themselves? Let’s take a closer look at the obligations, specific requirements, and practical advice.
Mobbing is a serious matter, but proving it in court is by no means straightforward. What truly matters for a company is the careful and proactive management of the employment relationship.
