Ochrona dóbr osobistych sprawcy mobbingu w kontekście wyroku Europejskiego Trybunału Praw Człowieka z dnia 6 listopada 2018 r. (Vicent Del Campo przeciwko Hiszpanii, skarga nr 25527/13)

Abstract

The employer is not always the perpetrator of mobbing. The employer’s responsibility for the actions of other people results from the employer’s breach of the obligation to counter mobbing (Article 943 § 1 of the Labour Code). Certainly, mobbing is a negative, undesirable phenomenon, and the interpretation of regulations shaping the employer’s responsibility for the effects of mobbing should take into account the aim of completely eliminating this phenomenon from the work environment. Precisely because of this aim, it is vital to discuss in broader terms, from the perspective of art. 943 of the Labor Code, the position expressed by the European Court of Human Rights in the justification of the judgment of November 6, 2018 (Vicent Del Campo v. Spain, no. 25527/13), which emphasized that the personal data of an employee who was not a party to court proceedings, with the indication that this employee committed acts of psychological harassment of another employee, constitutes a violation of the right of the perpetrator of these acts to respect his private life.