In 2023, Polish courts issued 44 rulings favorable to employees in workplace mobbing cases, a small fraction of nearly 1,000 total cases.
Scale of the Problem and Court Statistics
Employees are seeking compensation for health issues and damages for wrongful termination due to mobbing.
In 2023, regional courts handled 692 mobbing cases, with 447 reported by women, according to the Ministry of Justice. In the same year, 35 claims were fully or partially upheld, while 225 cases were dismissed, returned, rejected, discontinued, or resolved in other ways. 432 cases were carried over for resolution in the following period.
Increasing Cases, Few Wins
The number of cases reported by employees to courts regarding mobbing has been increasing year after year. In 2011, regional courts saw 535 cases (23 claims fully or partially upheld), and district courts saw 112. This growth trend slowed during the Covid-19 pandemic in 2020-2021, but has since resumed.
Why Proving Mobbing is Difficult
Monika Gładoch, professor at UKSW, told PAP that the biggest problem in court cases involving mobbing is proving the illegality of the behaviors. She emphasized that witness testimony is crucial, but employees often withdraw from testifying or cannot recall specific situations, resorting to generalities. Describing a bad work atmosphere is insufficient; evidence must relate to a specific person filing the lawsuit.
Gładoch added that witnesses are often afraid to speak or deny witnessing abusive situations, and may become accustomed to abnormal behavior, considering it normal.
The Burden of Proof
Gładoch stated that the small number of successful cases is due to the extremely difficult evidentiary issues in such proceedings, and the burden of proof lies with the person seeking compensation.
A representative’s legal counsel cannot rely on generalities. In mobbing cases, specific evidence is required for the specific individual involved. It is not enough to prove that the work atmosphere was bad and everyone was afraid, but that a specific behavior targeted the plaintiff.
Use of Covert Recordings
Gładoch said that courts do recognize covert recordings, but the process cannot rely solely on them. The recordings must be proven not to be manipulated, and context is needed to avoid interpreting behavior on the recording as normal. Witness testimony is therefore essential.
Will Changing the Definition of Mobbing Help?
Gładoch believes that changing the definition of mobbing will not make it easier to prove in court. She suggests that a real, groundbreaking change would be to stop randomly assigning mobbing cases to judges, and instead create special units within labor departments to handle mobbing, harassment, and discrimination.
Upcoming Legislative Changes
The Sejm is scheduled to hold a first reading on Wednesday of the government’s draft amendment to the Labor Code, which changes the definition of mobbing.
According to the draft, mobbing will include behaviors that are recurring, repeated, or constant, originating from a supervisor, colleague, subordinate, individual, or group. These actions can be physical, verbal, and nonverbal. The new definition also links the recognition of mobbing to the intentionality of the perpetrator’s actions or the occurrence of a specific consequence. Ordering or encouraging such behavior will also be considered mobbing.
Employee Experiences – Survey Data
A CBOS survey from May 2024 found that one in eight employees (13%) said they had felt harassed by their supervisor in the past five years. This percentage has decreased compared to 2014 (17%).
The survey shows that women (16%) are more likely than men (11% in 2024) to report harassment from their supervisor. Younger employees (18% aged 18-34), residents of large cities (27%), university graduates (17%), and those less satisfied with their household’s financial situation (18% among those rating it as average or poor) are also more likely to report harassment. This also applies to managerial and specialist staff with higher education (16%) and administrative and office workers (15%).
In 2024, 8% of respondents reported experiencing harassment from colleagues, most often residents of large cities (11%), public sector employees (16%), and those working in larger companies employing 50 or more people (10–13% depending on the category).
