Supreme Court dismissed mobbing claim as plaintiff failed to prove harassment and health impairment.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Janusz J. against a labor court judgment denying compensation for mobbing and health damage. The plaintiff alleged persistent harassment but failed to meet the statutory requirements of Article 943 of the Labor Code, specifically proving that the employer's actions constituted continuous harassment and directly caused his health deterioration. The court ruled that the burden of proof lies with the employee to demonstrate both the nature of the harassment and the resulting health impairment, which the medical expert opinions did not support.
Legislator headnote
AI generatedArt. 943 § 2 k.p.; Art. 6 k.c.: The statutory prerequisites for mobbing must be met cumulatively and proven by the employee, who also bears the burden of proving that the harassment resulted in health impairment.