Legislator Case Law & Legislation
III PK 2/09 AI generated

Supreme Court dismisses mobbing compensation claim because the plaintiff failed to prove medical health disorder.

Case Number III PK 2/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a worker seeking monetary compensation for health damage caused by workplace mobbing. The plaintiff argued that his employer's actions caused a psychological breakdown, but the court found no evidence of a medically qualified health disorder. Consequently, the court ruled that without proof of such a disorder, the specific statutory right to compensation under the Labor Code cannot be established.

Legislator headnote

AI generated

Art. 943 § 3 k.p.; Art. 6 k.c. in conjunction with Art. 300 k.p.: A claim for monetary compensation for harm caused by mobbing under the Labor Code is established only if the victim proves a health disorder in medical categories; mere negative emotions or civil law personality rights violations are insufficient.

Keywords

AI generated
mobbing compensation health disorder proof Labor Code liability medical qualification burden of proof workplace harassment cassation appeal

Cited Legislation

AI generated
Art. 943 § 3 k.p.
Art. 943 § 4 k.p.
Art. 6 k.c.
Art. 300 k.p.
Art. 398 § 14 k.p.c.
Art. 398 § 13 k.p.c.
Art. 445 § 1 k.c.
Art. 448 k.c.
Art. 444 § 1 k.c.
art. 943 § 3 k.p

Cited Case Law

AI generated

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