Mobbing can also be unintentional. This was confirmed by the Supreme Court in its judgment of February 22, 2023 (I PSKP 8/22). According to the Supreme Court, an employer is liable for the effects of mobbing also when the perpetrator acted unintentionally, i.e. did not seek to produce a specific effect (Article 943(2) of the Labor Code).
Recognizing specific behavior as mobbing does not require either the perpetrator’s actions aimed at achieving a goal (intention) or the occurrence of an effect. It is enough that the employee was the object of influence which, according to an objective measure, can be assessed as causing one of the effects specified in Art. 943 § 2 of the Labor Code
english
