Compensation for mobbing must be satisfactory

The amounts awarded by the courts as a cash compensation for mobbing will gain at the level, which is good news for the victims and a informing to employers. What more can you draw from the ultimate Court ruling of July 4, 2023?

Who has the right to request compensation?

Pursuant to Article 943 § 3 of the Labour Code, a individual whose experience of mobbing has affected his wellness has the right to claim an appropriate sum from his employer in the form of a cash compensation for the harm suffered.

Health disorder can manifest in various ways, and the body's reactions are individual. This is most frequently manifested by intellectual disorders (depression, panic attacks, nervousness, trauma), neurological problems, cardiology, eating disorders, or difficulty sleeping. A individual affected by mobbing who has suffered a wellness disorder has the right to request that the employer compensate for the harm done. It should be remembered that although the perpetrator of mobbing is usually a circumstantial individual or persons, in the defendant's court trial is an employer whose task is to prevent mobbing.

How to find the value of compensation? What news has the ultimate Court introduced?

The rules do not set circumstantial quota limits for compensation and, unlike compensation, compensation is intended to compensate for failure or deterioration of health, which is hard to assess. So far, the courts have usually granted redress with caution, given the "appropriate economical conditions". frequently these were symbolic amounts, amounting to respective or respective 1000 zlotys. However, it is crucial that the compensation amount must be fixed so as to compensate both for the feeling of harm and to be felt for the victim, given the difficulties of two-step judicial proceedings. In this context, the ultimate Court ruling is simply a step forward.

In the judgement of 4 July 2023 (III PSKP 11/22/), The ultimate Court has approved that:

Immaterial assets are subject to property evaluation, so it is crucial that the victim is not only affected by the economical but besides intellectual effects of the measure. This concept of redress enables the compensation to be more closely linked with the satisfaction of the victim. In conclusion, the amount awarded should be adapted to the harm suffered and, at the same time, despite the incomplete compensation due to the inability to return to the first state, should be noticeable and satisfying to the victim. If the injured organization considers the compensation amount granted to him to be satisfactory, the measurement applied besides fulfilled its compensation function.

The compensation is so assessed by the injured individual himself and only he can find whether the compensation granted corresponds to the degree of the harm suffered and whether the harm has been full corrected. The amount of compensation cannot be precisely determined on the basis of prices, but it takes into account the current state of property relations in society, which surely involves price levels.

What are the main conclusions of the ultimate Court ruling?

First, compensation for harm must be satisfactory to the victim. This is an crucial step that results in higher amounts awarded by labour courts. Secondly, employers should take the fight against mobbing seriously, as they may be threatened with amounts of up to respective 100 1000 zlotys which they will gotta pay to victims of mobbing.

Dear reader, we remind you that all legal matters in this substance we compose about can be complicated and frequently require the aid of a lawyer. It's worth discussing it with a lawyer before taking legal action.

Contact us now. We'll review your case and see precisely what we can do about you. Our experts have already helped a number of clients who thought they were already in an impossible situation.

Write us or call us now.

579-636-527
[email protected]