An employer is obligated to respect the dignity and other personal rights of an employee. This responsibility extends not only to the employer's own conduct that constitutes an unlawful infringement of the employee's personal rights, but also to the conduct of subordinate employees. This was confirmed by the Supreme Court in its judgment of 25 March 2025, Case III PSKP 37/24.
Facts of the case
The above case concerned a researcher who claimed compensation from the university for, among other things, infringement of personal rights.
The court of first instance found that between 2008 and 2012, colleagues repeatedly and widely spread rumors about the plaintiff's alleged homosexuality. Furthermore, the appellate court found that the university management, as well as the plaintiff's immediate superiors, failed to take any action to counteract this behavior. It was also determined that colleagues and superiors had baselessly questioned the reliability of the plaintiff's academic achievements. The university authorities were notified of this matter, but no remedial action was taken.
The courts of first and second instance found that the undermining and underestimation of the plaintiff's scientific achievements, as well as the repetition of rumors about his supposedly homosexual sexual orientation, justified a claim for compensation for harm caused by the infringement of personal rights. The plaintiff's personal rights, such as his image among colleagues and students, and the integrity of his research, publications, and academic works, were violated. The plaintiff was awarded PLN 20,000 in compensation.
The position of the Supreme Court
The Supreme Court addressed whether a university is liable for the conduct of its employees.
The Court found that the employer's obligation to respect an employee's personal rights (Article 11[1] of the Labor Code in conjunction with Article 448 § of the Civil Code) also includes preventing and counteracting violations of these rights by other employees under their control. Therefore, tolerating such violations constitutes the employer's contribution to the resulting damage, justifying its own liability for damage caused by the fault of its governing body (the Court thus confirmed the earlier case law – a similar finding was also made in the earlier Supreme Court decision of March 20, 2024, II PSK 100/23, LEX No. 3695229).
The court emphasized that the employer's inaction, given its obligation to actively respect the employee's dignity and other personal rights, results in the employer being held liable for damage caused by the fault of its governing body (Article 416 of the Civil Code in conjunction with Article 300 of the Labor Code). The employer is liable for torts committed by its employees even when the victim of the violation of personal rights is another employee.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of March 27, 2026.
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