An importance statement was given on 8th August 2017 connected to a case on the compensation for mobbing considered by the Supreme Court. The Supreme Court has overturned a decision of the court of second instance and has granted the injured worker 20 thousand of compensation for mobbing. It was claimed that he sum granted to the injured worker for mobbing should be determined in such a way to prevent the employer from tolerating the unacceptable behaviours in a workplace (the sentence of 8th August 2917, files no. act I PK 206/16).

In order to explain the sentence, the judge Katarzyna Gonera underlined that the labour law has different scopes than the civil code. It is to provide the employee with the health maintenance. We can assume then that the repressive and deterrent function of compensation is of greater significance than on the base of the civil code.

The case concerned an employee of Poczta Polska who was mobbed by his boss. The employee has several times reported his situation to the managers, however the employer did not react to those reports.

In result the employer has undergone the psychological treatment and he was diagnosed with depression. Finally, because of the passiveness of the employer, the employee resigned from his job.

The statement of the Supreme Court should be a warning for the employers who very often feel unpunished when it comes to mobbing. The employees are often afraid to invoke claims related to mobbing and the sums paid as a compensation are not a burden to the employers. The statement of the Supreme Court is to change this practice.

The provisions of the labour code do not determine the amount of the compensation and they indicate only that the employee who experienced a health impairment may claim a proper sum from the employer as a compensation for the suffered damage. Until now the case-law was taking into consideration only the compensation function of such claim. Focusing on the preventive-educational function is a novum when it comes to the understanding of the compensation based on the labour law.