Anti Mobbing Policies

Workplace bullying in the case law of common courts and in practice.

Workplace bullying in the case law of common courts and in practice workshop was held during the Free Training Week in WSB University on 5th of February 2022.

"Mobbing is a common phenomenon, but not always correctly diagnosed. Some employees do not notice that they are mobbed, others misread the employer's behavior as mobbing. Some employees effectively pursue their rights, and the employer helps to prevent mobbing. During the lecture, the elements of mobbing, the method of pursuing allegations and the rules of counteracting mobbing were discussed."

The purpose of establishing the Internal Anti- Mobbing and Anti-Discrimination Policy at the WSB University is to counteract the phenomenon of mobbing and discrimination. This policy applies both to the employees of the WSB Academy and is a declaration of rules of conduct for the entire Academic community.

The WSB University promotes and applies the principle of full tolerance and respect for every human being in the spirit of humanistic values, regardless of origin, gender, age, religious beliefs, political beliefs, health condition, disability, ethnicity, trade union membership, sexual orientation.

Whenever the Internal Policy mentions:

1. Internal Anti-Mobbing and Anti-Discrimination Policy, hereinafter referred to as "WPA", means the rules of counteracting mobbing and discrimination at the WSB University,
2. Mobbing -  actions or behaviors related to work or directed against an employee, consisting in persistent and long-term harassment or intimidation of the employee, causing him to underestimate his professional suitability, aimed at humiliating or ridiculing the employee, isolating him from the team of colleagues;
3. Discrimination is understood as unequal treatment in terms of establishing and terminating an employment relationship, employment conditions, promotion and access to training in order to improve qualifications, as well as due to employment for a definite or indefinite period, full-time or part-time, as well as this is understood as unequal treatment of a student, a trainee - in particular due to gender, age, disability, race, religion, nationality, political beliefs, trade union membership, ethnic origin, denomination, sexual orientation, both in the form of direct and indirect discrimination, including:
   a) undesirable behavior, the purpose or effect of which is to violate the dignity of an employee or entitled person and to create an intimidating, hostile, degrading, humiliating or offensive atmosphere for them (harassment);
   b) undesirable conduct of a sexual nature or relating to the sex of an employee or entitled person, the purpose or effect of which is violating the dignity of the employee or entitled person, in particular creating an intimidating, hostile, degrading, humiliating or offensive atmosphere for him, which may consist of physical, verbal or non-verbal elements (sexual harassment);
   c) action consisting in encouraging another person to violate the principle of equal treatment in employment or ordering him to violate this principle;
4. Mobbing and Anti-Discrimination Committee , hereinafter referred to as the "Committee" - it is understood as a collective body appointed at the WSB Academy to consider complaints about mobbing and discrimination;
5. Employer is the WSB University represented by the Rector;
6. Employee is a person remaining in an employment relationship with the WSB University;
7. Entitled - it means any person potentially affected by discrimination at the WSB University, these are members of the academic community, including students and listeners.

Purpose of the WPA Policy

1. The priority objective of the WPA implementation is to support activities conducive to building positive relations in the community of the WSB University.
2. The University as an employer makes efforts to ensure that the working environment of the WSB University is free from mobbing, discrimination and other forms of violence, both by superiors and other employees. The WSBU as a University makes efforts to ensure that the learning and development environment at the WSB University is free for each member of the academic community from mobbing , discrimination and other forms of violence or intolerance.
3. The WSB University does not accept mobbing or any other forms of psychological violence or discrimination, regardless of whether they are directed at an employee, student, listener or trainee.
4. Employees are obligated not to undertake actions bearing features of mobbing and discrimination. All members of the academic community are obliged to counteract discrimination by other people.
5. Creating situations that encourage mobbing or discrimination, or the use of mobbing or discrimination may be considered a violation of basic employee duties, and may also be the basis for disciplinary liability - both for the employee and the student.
6. Every employee or entitled persons (student, trainee, course participant) who feels like a victim of mobbing or discrimination has the right to demand that the WSB University take action to eliminate these phenomena, mitigate their effects and apply the sanctions provided for by law against persons committing a given violation.
7. Unfounded allegations of mobbing or discrimination are prohibited.

Procedures

1. An employee or entitled person who believes that he or she has been subjected to mobbing or discrimination may report this fact orally or in writing, in the form of a complaint, to the person designated by the Rector, and if the case concerns this person, directly to the Rector of the WSB University.
2. The complaint should contain a presentation of the facts, evidence to support the cited circumstances and an indication of the perpetrator or perpetrators of mobbing or discrimination. The injured party should personally sign and date the complaint.
3. Persons committing mobbing or discrimination are subject to liability provided for by applicable law, in particular the provisions of the Labor Code, the Penal Code, the Education Act and the Civil Code.
4. The use of mobbing or discrimination and creating situations that encourage such activities, as well as accepting its manifestations, may be considered in specific circumstances as:
   a) violation of basic employee duties and result in sanctions provided for in the law, including termination of employment without notice or imposition of disciplinary penalties in the manner and on the terms set out in the Labor Code,
   b) unethical conduct and an act unworthy of a student or academic teacher, which may result in disciplinary liability of the student and the academic teacher, respectively.
5. Proceedings regarding complaints about mobbing and/or discrimination are conducted by the Anti- Mobbing and Anti-Discrimination Committee, each time appointed by the Rector to consider a given case.
6. The composition of the Committee is proposed to the Rector acting as the chairman of the Commission. At the written request of the person lodging the complaint, an employee indicated by the complainant may be appointed to the Commission to represent his interest during the proceedings.
7. The member of the Commission cannot be the person directly or indirectly affected by the complaint or the head of the organizational unit in which the complaining employee is employed.
8. The Commission starts proceedings within 14 working days from the date of submission of the complaint.
9. Proceedings before the Commission are conducted in a manner that ensures impartiality and objectivity and are confidential.
10. After hearing the complainant and the person accused of mobbing or discrimination and any witnesses, and considering the evidence submitted by them, the Commission assesses the merits of the complaint and submits this assessment, together with conclusions and possible recommendations for necessary actions, to the Rector of the WSB University.
11. Administrative support for the meetings of the Committee is provided by the HR and Payroll Department of the WSB University, which in particular:
    1) takes minutes of meetings of the Commission;
    2) collects documentation related to the conducted proceedings for a period of 3 years;
    3) stores the minutes of the Commission's meetings and the assessment of the merits of the complaint prepared by the Commission for a period of 3 years.
12. Proceedings before the Commission are confidential and the meetings of the Commission are secret.
13. The parties to the proceedings are obliged to maintain confidentiality with regard to all information obtained in connection with their participation in the proceedings before the Commission.
14. Members of the Commission are obliged to maintain confidentiality regarding all information obtained in connection with their function.
15. Personal data obtained in the course of the Commission's work is protected in accordance with applicable law in this respect.

If the complaint is considered justified, the Rector takes steps to eliminate the identified irregularities and prevent their repetition.