Italy : the Court of Cassation rendered two judgment which specify the definition for moral harassment and the employers’ responsibility

The jurisprudence of the Italian Supreme Court in terms of moral harassment is even more important that there are no specific rules in that matter. Two recent decisions are contributing to this precendential construction : one of them reminds that acts have to be repeated and spread in time, and the other makes the employer responsible when they did not act to stop the harassment. (Ref. 070718)
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The employer is responsible for harassment facts committed by their employees. According to the judgment No. 18262 from August 29, 2007, in the event of harassment between colleagues, the employers’ responsibility can be invoked if the latter has not done all he could to stop harassment acts and to protect the victim from these activities. In its decision, the Court relied on article 2087 from the Italian civil code, which gives the employer the duty to take all the necessary measures to preser

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