Mobbing, or systematic psychological pressure in the workplace, is one of the most serious problems faced by many employees today. Behaviors such as belittling, exclusion, constant criticism, and assigning meaningless tasks are considered mobbing. This situation not only reduces employee job satisfaction, but also decreases work productivity and leads to serious mental health issues.
Although the concept of mobbing is not directly defined in Turkish law, there are regulations that protect employees within the framework of the Labor Law, Turkish Code of Obligations, Civil Code, and Turkish Penal Code. The most critical issue for employees to file a lawsuit alleging mobbing is to prove their claims with concrete evidence. Since the burden of proof mostly lies with the employee, the variety and strength of the evidence directly determines the outcome of the case.
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Mobbing is not a single incident, continuous pressure systematic pressure consists.
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Legal process success for, the evidence must be presented in chronological order is very important.
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Since the burden of proof lies with the employee, a combination of strong evidence is required.
Burden of Proof in Mobbing Cases
An employee alleging mobbing must present the psychological pressure they have experienced to the court in a convincing manner. Supreme Court rulings clearly state that mobbing must be continuous. Therefore, the evidence must reveal not just a single incident, but a long-term process.
Although the burden of proof lies with the employee, the employer also has an obligation to provide a healthy environment at work. If the employer cannot provide documents to refute the allegations, the court will often rule in favor of the employee. However, if the employee does not provide strong evidence to show that the process was systematic, the case may be weak. For this reason, mobbing cases must be prepared meticulously and supported by documents and witness statements at every stage.
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Systematicity and continuity are distinguishing features of bullying.
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The employee’s presented evidence must be convincing and consistent .
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The employer’s obligation is to prove that the working environment is healthy.
The Importance of Witness Statements
One of the strongest pieces of evidence in mobbing cases is witness statements. Coworkers, managers, or even customers working at the same workplace can testify to the pressure experienced. These statements reveal that the events are not merely the employee’s claim but have also been observed by others.
Courts find it convincing when multiple witnesses corroborate similar events. However, the witnesses’ statements must not contradict each other and must reflect the reality of the events. Statements provided by reliable and objective witnesses can turn the tide of the case in favor of the employee. Therefore, victims of mobbing should present people who know and have observed the events as witnesses in the case.
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Work colleagues’ testimony proves the continuity of mobbing.
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Managers’ testimony, workplace pressure was known by higher levels as well.
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Third-party statements provide (customers, suppliers) objectivity .
Written Documents and Electronic Records
Email correspondence, messages, and official documents are critical in proving mobbing. In particular, emails containing derogatory remarks, WhatsApp messages, or instructions that demonstrate unfairness in the distribution of work concretize systematic pressure. In addition, official letters, disciplinary penalties, or warnings are also documented evidence of mobbing.
Courts may accept electronic evidence as evidence. However, these documents must be obtained in a manner that is in accordance with the law. Documents obtained in a manner contrary to the law may be considered invalid. For this reason, employees should store official emails received from their workplace, archive corporate correspondence and systematically print out produce documents in accordance with the law in an appropriate manner is important.
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E-mail correspondence, derogatory or oppressive expressions evidence.
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Corporate messaging records constantly puts pressure on them.
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Disciplinary penalties and official documents, mobbing official dimension shows.
Health Reports and Psychological Assessments
Mobbing can seriously affect the psychological and physical health of employees. Therefore, psychiatric reports, psychologist evaluations, and health reports are strong supporting evidence in court cases. Regular reports also reveal the continuity of the pressure experienced in the workplace.
Courts do not consider medical reports as direct evidence of mobbing, but rather as additional evidence showing the consequences of mobbing. However, when evaluated together with other evidence, these reports reveal the seriousness of mobbing. Documents proving that employees have undergone treatment concretize how mobbing has affected their lives.
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Psychiatric reports show the effects of bullying on health.
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Psychologists assessments, systematically pressure reveal put.
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Regular health reports prove the continuity of mobbing.
Performance and Workload Documents
Continuously increasing an employee’s workload or deliberately underreporting their performance are typical signs of mobbing. Therefore, work plans, task distributions, performance reports, and evaluation documents can be used as evidence of mobbing.
If the employee has been subjected to a much heavier workload than other employees in similar positions or has consistently received negative performance reviews, these documents reveal systematic pressure. If the court finds that there has been a deviation from objective criteria in the distribution of work, it may conclude that mobbing has taken place.
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Performance reports unfair evaluations come to light .
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Work plans and task documents, work load inequity shows.
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Registered written instructions, arbitrary behavior evidence.
Audio and Video Recordings
One of the most controversial pieces of evidence in mobbing cases is audio and video recordings. Under Turkish law, a person may record a conversation in which they are a party in order to protect their personal rights. In such cases, the recordings may be accepted as evidence in court. However, recordings made without the knowledge of third parties may be considered unlawful.
The Supreme Court accepts that recordings made to prove an unjustified attack can be valid evidence. Therefore, it is very important for employees to act in accordance with the law when making recordings. Otherwise, the evidence may be deemed invalid and negatively affect the course of the case.
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Audio recordings directly prove and pressure evidence.
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The images records show the physical and verbal dimensions of bullying.
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Documents obtained in accordance with the law are admissible in court.
The Importance of Supreme Court Decisions
The Court of Cassation guides practice with its decisions in mobbing cases. These decisions focus on the diversity of evidence and the continuity of systematic pressure. In particular, when witness statements, written documents, and medical reports are evaluated together, the existence of mobbing is established.
The Supreme Court also, a single incident of mobbing shall not be considered, systematic and continuous behavior constitutes mobbing and emphasizes. For this reason employees must present all their evidence as a whole. The court decides based on the totality of the evidence presented according to the facts established.
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Case law emphasizes the evidence together evaluation is necessary .
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Continuity and systematicity are the most critical elements of mobbing.
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Presenting various pieces of evidence one at a time increases increases the chances of success in the case.
The Importance of Legal Support
Mobbing cases are complex processes and require expertise. Evidence collected in violation of the law may lead to the case being dismissed. In addition, it is necessary to describe the events in chronological order and clearly demonstrate systematic pressure. At this point, professional legal support is vital for the case to be conducted effectively.
At Atakan Ayhan Law Firm, we provide professional support to victims of mobbing in gathering evidence, determining the case strategy, and during the court process. In this way, we contribute to the protection of employees’ rights and the compensation of the injustices they have suffered.
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Legal support is the legal guarantee for collecting evidence.
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Professional consulting strengthens litigation strategy.
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Legal representation defends the rights of employees in the most effective manner.
Mobbing is a phenomenon that seriously affects the mental, physical, and economic lives of employees. However, proving it legally is difficult and requires a detailed process. Witness statements, written documents, electronic records, health reports, performance documents, and legally compliant audio-visual recordings are the strongest evidence that can prove the existence of mobbing.
In order to prevent employees from losing their rights, they must carefully collect evidence, manage the process professionally, and seek support from an expert lawyer. This will enable both compensation for damages and justice in the workplace.
