Cassation court dismissed mobbing claim requiring proof of intent and harm beyond mere unlawfulness under Polish Labor Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding a claim for damages based on workplace mobbing. The lower court found that while the employer's actions were unlawful, they lacked the specific intent to humiliate or isolate the employee and failed to cause the required health deterioration. The court ruled that proving the unlawfulness of isolated incidents is insufficient without demonstrating the specific malicious purpose and consequential harm defined in the Labor Code.
Legislator headnote
AI generatedArt. 943 § 2 k.p.; Art. 398 § 1 k.p.c.: In proceedings concerning workplace mobbing, it is not sufficient to establish the unlawfulness of the employer's actions; the plaintiff must also prove the specific intent to humiliate, isolate, or degrade the employee and the resulting detrimental consequences to their health.