An employee who has a health disorder caused by working conditions has the right to financial compensation, regardless of whether the tort fulfills the conditions for mobbing, harassment or other violation of personal rights.
Based on the provision of art. 416 of the Civil Code, which is applied accordingly in employment relations, the employer shall be liable for violation of the employee’s personal rights, even if the perpetrator of the violation was another employee, and persons authorized to represent the employer in employment relations tolerated this state of affairs. The employer is responsible for the behavior of all employees, so if he tolerates the mistreatment of some employees by others, he must take into account the award of damages by the court. This was stated by the Court of Appeal in Katowice in its judgment of 7 February 2019. (III APa 70/18).
The court pointed out that mobbing is a qualified labor law tort, so sanctions for its use are also labor law events. Labor courts adjudicate in this case primarily on the basis of art. 943 of the Labor Code.
However, it should be remembered that the courts are obliged to take into account not only labor law provisions, but also the acquis of civil law. This includes the scope of adjudication for compensation for harm suffered and compensation for damage caused by health disorder. Determinants of the amount of compensation due to an employee are, therefore, health disorders and harm resulting from the violation of personal rights. The basic premise determining the amount of compensation is the severity of the harm suffered, i.e. the type, nature, duration of suffering and negative psychological sensations, their intensity, irreversibility of negative health effects, and in this respect the degree and durability of the health disorder suffered and the loss of future prospects and the associated accompanying him a sense of helplessness and social inefficiency.
KS
english
