The Supreme Court judgement from October 9, 2012 dealt with the issue of employee’s entitlement to damages caused by termination of employment due to mobbing of an employee by the employer at the work place. The judgement related to the old Labour Code indeed, however, the new Labour Code took over the respective provisions literally.

According to the judgement, mobbing is the breach of the employer’s duty to treat all employees in an equal and non-discriminatory manner. It is also classed as discrimination if mobbing is committed not directly by the employer themselves, but only by the superior of the employee.

Should an employee terminate employment due to mobbing, either by agreement or notice, they may incur a loss. The amount of loss then equals the difference between wages received in the original job and the amount of income received after the employment has finished. In some cases, this may amount to tens of thousands crowns monthly.

Although the Court did not resolve the issue of how long after the termination of employment the employee may seek compensation, the option of several years is not totally ruled out. The assessment of such a period would always depend on individual case circumstances.

Thus, the consequences of mobbing may include not only employee’s claims regarding their non-property loss (especially interference with their honour and dignity), but also property loss, which may reach considerable sums.