NOTE: translated from Polish!
Judgment of the Supreme Administrative Court of 8 July 2025, ref. no. III OSK 2587/24, in the context of mobbing in a military unit, is an important reference point in terms of the employer’s liability, in this case a military unit, for the use of improper practices in relation to its employees. This case emphasizes the particular importance of observing legal norms concerning mobbing in the context of military service and emphasizes the employer’s obligations to ensure appropriate working conditions, regardless of the specificity of the military institution itself.
Mobbing in military units can take a special form, due to the hierarchical structure and specific nature of military service, which is associated with strict norms and discipline. Nevertheless, regardless of this specificity, the Labour Code and the provisions on counteracting mobbing also apply to military units. The ruling III OSK 2587/24 emphasizes that harassment, intimidation or other discriminatory actions against a soldier or employee of a military unit may be treated as mobbing if they meet the statutory prerequisites.
In the case in question, the court pointed to the need to apply the same standards of protection of employees against mobbing that apply in civil institutions. Mobbing in a military unit is not justified by the specificity of the work environment itself, and the employer, in this case the commander of the unit, is obliged to provide soldiers and employees with protection against this type of incorrect behavior.
This judgment emphasizes the responsibility of superiors and commanders of military units to counteract mobbing and effectively respond to reported cases of unethical behavior. The court indicated that the lack of implementation of anti-mobbing procedures or the lack of effective intervention in the case of reports of mobbing may result in not only civil but also administrative liability of the military unit.
The employer, including the military unit, is obliged to create an effective system for reporting cases of mobbing, as well as to ensure that such reports are taken seriously and appropriately. In practice, this means that it is necessary to implement internal regulations that will provide:
- Mechanisms for reporting cases of mobbing,
- Quick and effective response of superiors,
- Protection of persons reporting mobbing against possible retaliation or further negative consequences.
In the context of military units, this means that a soldier who has experienced mobbing can effectively assert his rights in court, demanding not only compensation for the harm suffered, but also adequate compensation for the loss of ability to perform duty as a result of mobbing activities.
To sum up, the ruling III OSK 2587/24 in the context of mobbing in military units is an important signal to all commanders and superiors that it is also necessary to ensure compliance with standards of protection against mobbing in military structures and to create effective mechanisms for prevention and intervention in such cases.