ATTENTION – THIS IS AN AUTOMATIC TRANSLATION from Polish
The amounts awarded to victims of mobbing can currently range from several to several hundred thousand zlotys, taking the form of compensation or a sum of compensation and damages. Let us look at both components in turn.
The Labour Code specifies the minimum amount of compensation for an employee who has suffered mobbing:
Art. 943 § 4:
An employee who has suffered mobbing or who has terminated their employment contract as a result of mobbing has the right to claim compensation from their employer in an amount not lower than the minimum wage, determined on the basis of separate regulations.
It is worth remembering that compensation in this amount is payable regardless of whether the employee has suffered damage as a result of mobbing – the mere occurrence of this phenomenon is sufficient. The final amount may, of course, be significantly higher, depending on the individual circumstances of the case.
The amount of compensation may increase significantly if the employee terminates their employment contract due to mobbing in accordance with the provisions of Article 55 § 11. In such a case, the employee is entitled to additional compensation in the amount of remuneration for the notice period (in the case of termination of a fixed-term employment contract, compensation is payable in the amount of remuneration for the period for which the contract was to last, but not more than for the notice period).
Furthermore, if an employee proves that mobbing has had a significant negative impact on their health, the court should award appropriate compensation in addition to damages:
Art. 943 § 3.
An employee whose health has been impaired by mobbing may claim an appropriate amount of monetary compensation from their employer for the harm suffered.
The amount of compensation referred to in the provision may be as high as several hundred thousand zlotys. This is because, according to current case law, such compensation must be satisfactory to the injured party:
[…] the amount awarded should be such that, on the one hand, it reflects the damage suffered and, on the other hand, despite incomplete compensation due to the impossibility of restoring the previous state, it is noticeable and brings satisfaction to the injured party.
Judgment of the Supreme Court of 4 July 2023 (III PSKP 11/22)