Legislator Case Law & Legislation
I PK 203/09 AI generated

Supreme Court allows civil claim for mobbing damages where mental health harm results from unlawful acts, even if unintentional.

Case Number I PK 203/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland set aside the lower court's dismissal of a civil claim for damages caused by workplace mobbing. The plaintiff argued that stress from her superior's actions caused a health breakdown, while the defendant contended the lower court correctly rejected the claim. The court ruled that proving mobbing does not require intent to harm health, only unlawful acts causing such damage, and noted pending criminal proceedings might confirm the causal link.

Legislator headnote

AI generated

Art. 943 § 1-5 k.p.; Mobbing may be established by unlawful acts, including unintentional ones, directed at an employee if they cause a health disorder.

Keywords

AI generated
workplace mobbing mental health disorder unintentional harm civil compensation labor law causal link criminal proceedings

Cited Legislation

AI generated
Art. 943 § 1-5 k.p.
Art. 398 § 15 k.p.c.
art. 943 k.p
art. 157 § 1 k.k
art. 943 § 2 k.p
art. 94 pkt 10 k.p
art. 111 k.p
art. 943 § 3 k.p
art. 218 k.k
art. 11 k.p.c

Cited Case Law

AI generated
III UK 2/09

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