Pursuant to the judgment of the Supreme Court of February 22, 2023, I PSKP 8/22, the employer should select management staff and define their competences while respecting the principle of preventing mobbing, instructing employed persons on the need to comply with rules intended to counteract undesirable interpersonal relationships in the workplace and negative effects such behavior, and also establish procedures allowing for quick disclosure and elimination of manifestations of mobbing.
This ruling was made in relation to unprofessional behavior of the president of the Medical Chamber. In the justification for the court’s ruling, we read that „while meticulousness, scrupulousness, or even setting high expectations may be the qualities of a good manager, they do not justify the conduct that was reprehensibly committed by the president of the Medical Chamber. All the more so because his academic degree (doctor of medical sciences), the position he holds (president of the Medical Chamber) and the position of an active doctor should determine J. K.’s awareness of the effects of the negative actions he constantly and unjustifiably performs (which was demonstrated in the evidentiary proceedings). assessment of the plaintiff’s employee competences (the president expressed constant dissatisfaction, e.g. „it was necessary to correct the previously agreed text”, which was then corrected again, he did not specify how it was to be done; he emphasized that „since you have completed higher education”, this entitles you to excessive workload; he expected permanent availability and „being constantly ready to answer the business phone”). The indicated single events that constituted harassment or intimidation of an employee had nothing to do with the „authoritative management style”, but were exceptional (negative) behavior, significantly different from normal behavior in a given workplace. There is no doubt, therefore, that the reprehensible behavior of a mobber, which is not justified by moral norms or the principles of social coexistence, has a negative impact on the victim’s psyche due to their multiplication and duration of action.
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