Mobbing investigations in the workplace in Milan.

Mobbing and bossing are not merely interpersonal conflict dynamics or physiological stress spikes from work overload (burnout). Rather, they constitute a targeted, systematic, and prolonged succession of hostile, harassing, discriminatory, or persecutory acts carried out by hierarchical superiors or peers. The ultimate aim of such unlawful conduct is the isolation, professional humiliation, psychological degradation, and forced removal of the employee from the corporate environment to which they belong.

In courtroom settings, the employee’s defence confronts the complex burden of proof, which rests almost entirely on the victim. Arcadia Company, an investigative agency operating under a Prefectural License pursuant to art. 134 TULPS, applies rigorous investigative and digital forensics protocols to objectively document hostile conduct. Our intervention provides lawyers with an unassailable forensic investigative dossier, essential for demonstrating violation of contractual rights and claiming compensation for material and biological damages.

The regulatory framework and jurisprudential criteria for mobbing

Italian law protects workers’ health as a fundamental right. The cornerstone in labour law is article 2087 of the Civil Code, which imposes an indisputable duty on the employer to adopt all necessary measures to safeguard the physical integrity and moral personality of employees. Breach of this provision entails contractual liability for the company, which may be supplemented by extra‑contractual liability under art. 2043 c.c. for the individual perpetrators of the harassment.

Cassation Court jurisprudence (ex plurimis, Sent. no. 10037/2015) has outlined the mandatory criteria that must coexist for conduct to be legally qualified as mobbing:

• Multiplicity and reiteration of conduct: The harmful acts must not be isolated but occur with systematic and repeated frequency, typically extending over a minimum period of six months, as indicated by reference medico‑legal parameters.
• Persecutory intent (animus nocendi): A unified scheme aimed at prevarication, marginalisation, or exclusion of the employee from the organisational chart must be present.
• Causality link and health damage: A direct connection must be demonstrated between the harassing behaviour experienced at work and the onset of psychophysical pathologies (adjustment disorder, reactive anxiety, depression), certified by medico‑legal reports.

Types of monitored offences and crystallisation of facts

Investigations carried out by Arcadia Company aim to deconstruct the partiality of corporate testimonies, translating the victim’s perceptions into documentary and empirical evidential findings. The inquiries focus on documenting specific conduct:

Demotion and task stripping (dequalification)

We map the systematic revocation of operational assignments, the allocation of plainly degrading or dequalifying tasks relative to the contractual grade, or total forced inactivity, actions intended to undermine the employee’s professionalism.

Physical, environmental and social isolation mobbing

We document the physical removal of the worker through transfer to isolated workstations, deliberate exclusion from periodic meetings, failure to include them in corporate information flows, and unjustified revocation of access credentials to management software or internal communication chats.

Obstructionism and disparate treatment

We analyse and certify the systematic and unjustified rejection of requests for leave, permits or professional training courses, while the same benefits are granted to the rest of the workforce, constituting clear discrimination.

Attacks on personal and professional reputation

We gather evidence of systematic dissemination of libel, insults, unfounded destructive criticism, or episodes of public ridicule carried out before clients, suppliers or colleagues.

Forensic admissibility of recordings and digital investigations

A pivotal issue concerns the use of technological tools to collect evidence within corporate premises. Jurisprudence on legitimacy has established that audio or video recording of conversations among present parties, made clandestinely by one participant, is fully lawful and admissible in court, provided it is solely aimed at exercising the right of defence (art. 24 Const.) and does not occur in private dwellings outside the work environment, thereby excluding the scenario covered by art. 615‑bis c.p.

Arcadia Company assists the employee in the practical application of these principles, providing the necessary technical‑legal support to ensure that acquisition of multimedia files, e‑mails and electronic messages complies fully with the relevance principle. Each collected datum undergoes forensic copying with immutable hash value crystallisation, preserving the integrity of the digital chain of custody to overcome any inadmissibility objections raised by opposing parties.

Quantification of damage for compensation: The evidence provided by Arcadia Company supports the labour lawyer in analytically quantifying the compensation claims: from material damage (loss of earnings for missed promotions, actual loss for medical expenses) to biological and psychological damage, calculated based on the Tables of the Milan Court for injury to psychophysical integrity.

Forensic analysis and compliance with the Garante della Privacy

The processing of information collected during corporate investigations is carried out under strict compliance with the European GDPR and in full alignment with the provisions of the Garante per la protezione dei dati personali. The collection of personal and biometric data is lawful insofar as it protects a paramount legal right in judicial proceedings, mitigating the risk of counter‑claims for privacy violations by the employer or mobbing colleagues.

Break corporate isolation: activate your legal evidence

Passively enduring harassing conduct erodes health and jeopardises professional career. Arcadia Company analyses each individual case through a confidential preliminary feasibility study protected by professional secrecy, calibrating the investigative strategy to maximise evidential yield and minimise operational timelines.