Supreme Court: Employer liable for failing to protect an employee during a robbery
As a result of an armed robbery at a bank, a female employee at whom the attacker pointed a gun, suffered serious psychological harm. She was on medical leave for an extended period, had to take psychotropic medication, and attended therapy.
The Regional Court in Katowice found that the employer had not provided adequate safety measures – security had been withdrawn, no security cameras were installed, and her workstation was unprotected. As a result, the court awarded the employee PLN 95,000 in compensation, emphasising the causal link between the robbery and the harm suffered.
After the Court of Appeal dismissed the employer’s appeal, a cassation complaint was filed with the Supreme Court.
The SC dismissed this complaint holding that the obligation to ensure safe working conditions is not limited to undertaking efforts but in achieving a real result. Failure to meet this obligation constitutes a breach of the legal order and justifies the employer’s compensatory liability (Supreme Court decision of 24 January 2025, I PSK 1/24).