Gli elementi costitutivi del mobbing nella recente giurisprudenza di legittimità

Abstract

The essay analyzes the recent developments in the Italian high court jurisprudence, regarding the elements of the mobbing. According to the decisions analyzed, these elements are: a) several behaviors of a persecutory nature - illicit, or even lawful when considered individually - which with vexatious intent are carried out against the victim in a systematic and prolonged manner over time, directly by the employer (so-called “vertical mobbing”) or by any other employees, subject to the management power of the former (so-called "horizontal mobbing"); b) an event aimed to damage the health, the personality or the dignity of the worker; c) the etiological connection between the conduct described and the damage to the victim’s psychophysical integrity or dignity; d) the unifying persecutory intent of all harmful behaviours towards the worker.