Onus to prove mobbing (Cassation Court, Labour Sec., Decision no. 3785 of 17 February 2009)

The Court of Cassation has stated that mobbing is considered “conduct by a supervisor which is systematic and lasts over time which entails repeated hostile behaviour within the work environment, leading to forms of abuse of power or psychological persecution, and may result in the moral humiliation and alienation of the employee”. The harassing intent must be proven by the worker who believes to have been harassed, since the occurrence of “ordinary” conflicts is not sufficient.

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