Mobbing and violation of personal rights

Publication / 14.01.2019

In the judgment of July 5, 2017, issued in the case ref. no. II PK 201/16, the Supreme Court expressed the view that an employee may claim in different proceedings, based on the same factual basis, both the protection of his/her rights arising from the violation of personal rights and application mobbing against him/her.

Referring to the disposition of the provisions of Article 943 § 3 of the Labor Code of June 26, 1974 (i.e., Dz. U. of 2018, item 917, as amended) and Article 448 of the Civil Code in conjunction with Article 24 § 1 of the Civil Code of April 23, 1964 (i.e., Dz. U. of 2018, item 1025, as amended. ), the Supreme Court emphasized that the legal constructions and grounds for protection provided under the provisions in question differ, so that the compensation payable under each of these legal institutions may also differ in amount, as different considerations are taken into account when determining it.

At the same time, the Court pointed out that when awarding the appropriate amount of compensation granted on the grounds of protection of personal rights, the court should take into account the claims already awarded, in order to avoid awarding compensation twice for the same wrongs, and only to supplement the compensation due for mobbing.