Persons who have fallen victim to mobbing may bring the mobber to civil law liability. Pursuant to Art. 943 § 3 of the Labor Code: „An employee whose mobbing has caused a health disorder may claim an appropriate sum from the employer by way of pecuniary compensation for the harm suffered.
However, it should be remembered that it is the person bringing the action for redress that is obliged to prove both the fact of mobbing (unless this fact has been proved in other legally concluded court proceedings) and the legitimacy of the redress sought.
The jurisprudence shows that if the plaintiff insufficiently proves the link between mobbing and the deterioration of his health, the court may refuse to grant some of the plaintiff’s claims. A similar situation may take place when the circumstances of the case indicate that the deterioration of health was caused by several factors at the same time, only one of which was mobbing. Then the court may award less compensation than that which the claimant requested. The District Court in Płock did so in its judgment of 24 January 2020, file number VI Pa 36/19. In this case, the plaintiff demanded from the employer, inter alia, payment of PLN 35,000 as compensation for the harm suffered in connection with the health disorder resulting from mobbing committed against her by the employer. However, the court awarded the plaintiff PLN 5,000 in this respect, which was motivated by the fact that the plaintiff’s health impairment resulted primarily from her personality traits, difficult life situation, divorce, marriage with an alcoholic who showed aggression towards her, child’s illness and conflict relations with parents.
The above judgment implies that the claimant, when determining the amount of compensation, should take into account all the circumstances affecting his health.
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