For the employer to successfully recover from the bully what they had to pay the victim, the employer must prove they have been actively fighting workplace bullying.
Workplace bullying (in Polish called “mobbing”) is specific employment-related conduct and care must be taken to distinguish it from other forms of improper conduct, such as infringement of personal rights or privacy, unequal treatment, discrimination or harassment (molestation). You can say bullying is a special form of pathological conduct towards an employee and involves prolonged persistent abuse or threats. The result is that the target forms an understated view of their professional aptitude. The workplace bully may also aim to degrade or ridicule their victim or even isolate the victim from his or her team.
For the full text of the article by attorney-at-law Filip Firut, see Rzeczpospolita on-line, the Dobra Firma weekly or here.