Legislator Case Law & Legislation
I PK 35/11 AI generated

Employer liability for mobbing dismissed when employer failed to prove preventive measures were taken.

Case Number I PK 35/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court judgment awarding damages for mobbing. The plaintiff claimed she suffered health damage due to harassment by the university's chancellor, while the defendant argued it was not mobbing and that they had taken sufficient preventive steps. The court ruled that an employer is liable for mobbing if they fail to demonstrate they took real, effective preventive actions, regardless of whether the harassment was long-term or persistent.

Legislator headnote

AI generated

Art. 943 § 1 k.p.; Art. 943 § 2 k.p.: An employer is liable for mobbing if they fail to prove they took real preventive measures; the obligation is one of conduct, not result, and the duration of the harassment is irrelevant if the cumulative behavior meets the statutory criteria.

Keywords

AI generated
employer liability mobbing prevention labor law preventive measures harassment damages cassation appeal duty of care

Cited Legislation

AI generated
Art. 943 § 1 k.p.
Art. 943 § 2 k.p.
art. 943 § 1 k.p
art. 943 § 2 k.p
art. 943 § 3 k.p
art. 361 § 1 k.c
art. 300 k.p
art. 3983 § 3 k.p.c
art. 471 k.c
art. 111 k.p

Cited Case Law

AI generated

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