In many cases, workplace bullying compensation is also possible when the employer is a municipality – as shown by a current case that now costs taxpayers 160,000 francs. A long‑term employee had been humiliated for years. The message is clear: even public employers can be held liable for degrading treatment. This post explains what rights you have and how you should proceed in an emergency.
The case: Why a municipality must pay 160,000 francs
The exact circumstances are not publicly known. What is certain: a municipality has humiliated a long‑term employee over an extended period. In the end, the public purse had to pay 160,000 francs – money that now remains with the taxpayers. Whether the amount is based on a judgment or a settlement is irrelevant to the core message.
This case is a warning signal for all public employers. In town halls, municipal administrations and other authorities, tight hierarchies often prevail. Someone who has worked there for decades is especially vulnerable: you know the colleagues, you want to avoid making waves, and you fear the social repercussions of a complaint. Exactly this dynamic can allow degrading behavior to go unnoticed for years.
Although the concrete case was settled in francs, the underlying legal question is the same one that also occupies German labor courts. Public employers in Germany are subject to the same employment‑law protective duties as private companies. Anyone working in the public sector does not have to tolerate bullying or humiliation.
What counts as bullying or degrading treatment at work?
Bullying is not a precisely defined legal concept, but case law has developed criteria. Typically it is a systematic, repeated and long‑lasting harassment that violates the victim’s dignity. Examples include:
- Constant criticism and public humiliation before colleagues
- Withholding of tasks or information
- Isolation and deliberate ignoring
- Unfair transfers or shift schedules
- Insults, irony and disparaging remarks
An isolated conflict is still not bullying. What matters is the pattern. However, a single severe humiliation can also constitute degrading treatment if it seriously violates the general right of personality. A classic example: an employee is excluded from all meetings for months while colleagues receive all information. The employer is obliged to protect staff from such overreach. This duty of care applies in the public sector just as it does in the private sector. Understanding workplace bullying compensation helps victims gauge what they might recover.
If you suspect bullying, do not overstretch the term. Not every unpleasant criticism or harsh tone is a legal violation. What matters is whether the behavior is objectively capable of harming health or diminishing personality. This can only be answered in the individual case by a careful assessment of the total circumstances.
Regarding workplace bullying compensation: your rights and claims
If you are being bullied, you do not have to accept it. If the employer breaches its duty of care, various claims can arise: cessation, removal of the disturbance, damages and, in serious cases, compensation for suffering. Legally, this is often compensation for the violation of personality rights, which in practice is frequently referred to as compensation for suffering.
However, a claim for compensation for suffering due to bullying does not arise from every disagreement. The thresholds are intentionally high: it must involve serious violations of personality rights that are objectively capable of impairing health. The amount depends on the duration, the severity of the attacks and the health consequences. There is no fixed table – courts decide on a case‑by‑case basis.
If you want to enforce compensation for suffering due to bullying, you must prove the systematic harassment – ideally with documentation, witnesses and medical certificates. Public employers are also liable. For employees in the public sector the labor court has jurisdiction, for civil servants the administrative courts. In both cases: whoever asserts claims should not be deterred merely because the opposing party is an authority or municipality.
First steps: Document, seek advice, keep deadlines
If you want to defend yourself against bullying, you should start documenting immediately. Keep a bullying log: date, time, location, persons involved, witnesses and exactly what happened. Save emails, chat histories and notes. Obtain medical certificates for any health complaints – they later become important evidence. Only someone who can prove what happened when has a realistic chance in court.
Also seek an early conversation, if possible: with supervisors, the works council or the HR department. Often a clear statement that the behavior is unacceptable already helps. However, do not rely on verbal promises that cannot later be verified. If a works council or personnel committee exists, it can serve as a witness and mediator.
Important: Do not sign any termination agreements and do not resign hastily. If you resign yourself, you risk claims and end up in a weaker position. If the situation ends in a dismissal, the three-week period for filing an unfair dismissal claim applies. An employment lawyer can assess whether the claim has a chance of success.
How an employment lawyer enforces your interests
An independent employment lawyer first examines whether a bullying case exists and which claims are conceivable. He evaluates your documentation, talks to witnesses and assesses the prospects of success. On this basis he decides whether to attempt an out‑of‑court settlement or whether filing a lawsuit makes sense.
Often a lawyer’s letter to the employer already elicits an offer. Many employers – including public ones – wish to avoid lengthy proceedings. If a settlement is reached, a severance payment often plays a role. Its amount depends on the individual case. Our guide severance after dismissal provides orientation.
The lawyer also represents you in court. He presents the arguments, names witnesses and negotiates settlement offers. Especially in bullying cases it is important that the legal strategy be developed by someone who knows employment‑law jurisprudence. Going to a lawyer is not an escalation, but the first step to enforce your rights.
Process costs and risks: When a litigation funder helps
A lawsuit costs money: court fees, attorney fees and, if you lose, also the opponent’s costs. This deters many affected people, although their claims are justified. This is exactly where litigation funding comes in.
A litigation funder such as RechtStark can cover the costs of the proceedings if the case looks promising. In the event of success he receives a share of the recovered sum; in the event of failure he bears the cost risk. The litigation funder is not a lawyer and does not represent you in court. He merely assesses whether he can finance the case. Legal representation remains with the employment lawyer.
Litigation funding can be particularly relevant when pursuing workplace bullying compensation.
Conclusion: Public employers are not immune to lawsuits
The municipal case shows: anyone who humiliates long‑term staff must expect considerable financial consequences. Public employers are not immune to lawsuits either. The 160,000 francs that taxpayers now have to pay are a clear signal.
If you yourself are affected by bullying or degrading treatment: fight back. Document the incidents, seek legal advice and check how you can secure the cost risk of a proceeding. The sooner you act, the better your chances of enforcing your rights.
Note: This article is for general information purposes only and does not replace individual legal advice. For a free initial assessment of whether litigation funding may be an option for your case, you can contact RechtStark.