Supreme Court dismisses mobbing establishment claim when personal rights protection via civil code suffices.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's cassation appeal seeking to establish that her employer committed mobbing. The lower court found no mobbing occurred and noted the plaintiff could seek personal rights protection under the Civil Code instead. The court ruled that because the Civil Code offers broader preventive protection for personal health rights without requiring medical diagnosis of health disruption, the plaintiff lacked a legal interest in establishing mobbing solely through the labor code.
Legislator headnote
AI generatedArt. 189 k.p.c.; Art. 943 § 1, 2 k.p.; Art. 24 k.c.; Art. 111 k.p.c.: Where a worker can seek protection of personal rights under the Civil Code without requiring a medical diagnosis of health disruption, they lack a legal interest in establishing mobbing solely under the Labor Code.