Can Non-Payment of Salary and Dismissal Be a Form of Mobbing – Court's Position

Employees often face conflicts at work, but not every conflict is recognized by the court as mobbing. In case No. 295/12259/24, the Bohunskyi District Court of Zhytomyr made an important conclusion: systematic non-payment of wages, unfounded disciplinary penalties, and unlawful dismissal can be manifestations of mobbing by the employer.

A conflict that went beyond labor relations

The plaintiff worked as the chief accountant of the enterprise for over four years and was simultaneously its co-owner. A corporate dispute arose between her and the director regarding the share in the company's authorized capital.

After the conflict began, the situation at work changed sharply. The employee stopped receiving her salary, despite continuing to perform her duties remotely. Later, the employer announced a reduction of her position and dismissed her due to staff reduction.

What the court saw in the employer's actions

The court examined not a single episode but the entire set of actions by the company's management.

It was established that the employer:

• did not pay the employee's salary for a long time;
• failed to make proper social security contributions;
• applied disciplinary measures whose legality was already questioned;
• reduced the position without real grounds for such reduction;
• unlawfully dismissed the employee.

According to the court, these actions were neither accidental nor isolated. They were systematic and coincided in time with the corporate conflict between the parties.

Why the court recognized it as mobbing

Referring to Article 2-2 of the Labor Code of Ukraine, the court noted that mobbing is systematic and intentional actions by the employer aimed at humiliating the employee or creating a hostile atmosphere through psychological or economic pressure.

In this case, the court directly confirmed the presence of both forms of pressure:

• Economic pressure manifested through systematic unjustified deprivation of the employee's salary.
• Psychological pressure consisted of unlawful disciplinary actions, position reduction, and subsequent unlawful dismissal.

The court paid special attention to the fact that the conflict lasted almost a year and was aimed at destabilizing the employee's psychological balance and effectively forcing her to resign.

Consequences for the employee

The court found that prolonged pressure led to serious negative health consequences for the employee. She sought medical help, was diagnosed with anxiety syndrome, suffered from insomnia, nervous breakdown, and exacerbation of chronic diseases.

For this reason, the court not only recognized the fact of mobbing but also awarded compensation for moral damages.

An important signal for employers

As noted by the Labor and Employment Inspection of the Dnipro City Council, this decision demonstrates that mobbing is not only insults, threats, or humiliation within the team. Judicial practice is gradually forming a broader understanding of this phenomenon.

If an employer systematically uses non-payment of salary, disciplinary penalties, artificial position reduction, or unlawful dismissal as a tool of pressure on an employee, such actions may be qualified by the court as mobbing with all legal consequences: reinstatement at work, recovery of salary, average earnings, and compensation for moral damages.

Case No. 295/12259/24 is a telling example that courts are ready not only to protect employees' labor rights but also to directly recognize facts of mobbing when the employer turns managerial decisions into a tool of employee persecution.

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