Conditions for Proving Mobbing

Conditions for Proving Mobbing | Mobbing in Supreme Court Decisions | Evidence to Prove Mobbing | Labor Law | Employee Lawyer | Employer Lawyer | Izmir Law Firm | Izmir Lawyer | Efes Law Firm

Supreme Court 9th Law Chamber
Case Number: 2009/8046
Decision Number: 2011/9717

“It is understood from the termination document, the doctor's report, and the statements of the plaintiff's witness that psychological pressure and mobbing were exerted on the plaintiff at the workplace, and that the plaintiff's statement to this effect was included in the termination document. It is understood that the plaintiff's resignation letter was not signed with a genuine intention to resign, but that he was forced to resign through psychological pressure and mobbing. The termination of the plaintiff's employment contract was justified, and the written rejection of the claim for severance pay, instead of its acceptance, was erroneous.” Decisions of this kind are frequently made in practice.

Mobbing, also known as psychological harassment in the workplace, is a legal phenomenon frequently discussed in court decisions and legal doctrine in contemporary law. While mobbing is a term used specifically for psychological harassment/intimidation occurring within the employment relationship, its definition is often misunderstood in common parlance. We frequently encounter examples of mobbing such as employees being forced to work late hours, being constantly harassed by the employer outside of working hours, and experiencing discrimination in the workplace. For our article on the definition of mobbing... here You can click.

The employee's account of events constituting mobbing must be consistent and supported by strong evidence. For example, calls outside of working hours, message records, witness testimonies, medical reports regarding psychological disorders (if any), and issues of underpayment or non-payment of wages are used to prove mobbing. In this way, a serious attack on personal rights and health leads to the undisputed acceptance of the existence of mobbing.

Due to both the employer's duty to protect and care for the employee, and the principle of interpreting laws in favor of the employee in courts, driven by the desire to protect the weaker party, we can say that it is important for employees who are subjected to mobbing to take the first step. For detailed information or questions, please contact us. Contactpage.

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