Confirmation of infringement of personal rights as a basis for termination of the employment contract through the fault of the employer?

The District Court in Lublin upheld the thesis of the District Court in Biała Podlaska and pointed out that violation of personal rights may constitute grounds for termination of the employment contract due to the fault of the employer. In its ruling, the District Court indicated that the deliberate violation by the superior of the employee’s dignity and other personal rights, even if it does not constitute mobbing, may constitute a justified reason for termination of the employment contract due to the fault of the employer. In turn, the District Court in Lublin, in the legal justification, indicated that the infringement of personal rights through improper actions by the employer, due to the relationship of the provisions of Art. 11¹ of the Labor Code and art. 23 and 24 § 1 of the Civil Code entitles the employee to terminate the employment contract without notice. Quoting „Pursuant to the first provision, the employer is obliged to respect the dignity and other personal rights of the employee. Therefore, it is his obligation towards the employee, the violation of which may result in the termination of the employment contract pursuant to Art. 55 § 1 (1) of the Labor Code. The condition for the application of this provision is that the employer has committed a serious breach of basic obligations towards the employee. Further responding to the allegation of violation of Art. 55 § 1 (1) of the Labor Code it can only be cited that the statement of a threat of infringement of the employee’s personal rights may be classified as a serious breach and justifies the submission of a statement on termination of the contract. ” [Judgment of the District Court in Lublin of November 25, 2021, VIII Pa 110/21, LEX no. 3274539.]