To what extent is an employer liable for workplace bullying? Can an employer claim damages from the bullying employee? What must they do to be able to bring such a claim?
What is meant by workplace bullying
The concept of workplace bullying – be it mobbing, bossing or another form of harassment – is not explicitly defined in Czech law, yet certain statutory provisions do address it. We define it primarily as a clear abuse of rights under Section 8 of the Civil Code and as a breach of fundamental labour-law principles, including the protection of the employee’s status, the right to safe working conditions, and the principle of equal treatment.
Who is liable for workplace bullying?
The employer bears strict liability for harm suffered by an employee whilst performing their duties – including bullying – whether caused by a manager or a rank-and-file employee. The injured party therefore primarily asserts claims against the employer. The prerequisite for liability is the occurrence of financial loss or non-financial harm as a result of bullying (e.g. harm to health, including mental health), a breach of a legal duty or good morals, and a causal link.
In practice, this may involve:
- reimbursement of medical expenses,
- loss of earnings,
- compensation for an infringement of dignity and other natural rights.
Case law has established that even, for example, post-traumatic stress disorder arising from a single, intense incident of bullying in the workplace may be classified as an occupational injury, which consequently gives rise to a special compensation regime under the Labour Code.
Is the bully also liable?
However, the bullying employee is not entirely absolved of liability, as the employer may bring a recourse claim against them. The amount of such a claim depends on the degree of fault of the employee on the one hand and the degree of fault of the employer on the other. The employer is obliged to create a safe working environment that does not endanger health, to actively remedy defects, and to take measures to prevent the emergence of risks in the workplace, including psychosocial risks, to which bullying undoubtedly belongs.
What does this mean for employers?
This has specific implications for employers: a mere declaration of ‘zero tolerance’ enshrined in internal regulations is not enough. It is necessary to actively seek out bullying, investigate every report of suspected bullying without delay, and take effective measures not only to remedy the situation but also to prevent it. If an employer neglects these obligations, they not only risk sanctions from the labour inspection authorities, but also reduce the extent of any recourse claim that they may successfully bring against the bullying employee.
Author: Matěj Rendl, Senior Legal Assistant, Employment, LYNX (Czech Republic)
Source: Civil Code
