Article 7: Evidential Nature of Mobbing in Labor Law

Article 7: Evidential Nature of Mobbing in Labor Law. Mobbing, which means psychological harassment in the workplace, is unfortunately a frequently encountered situation. It is defined as a set of unfair treatments directed at the employee’s personality and dignity. These kinds of actions lead to important consequences in labor law. Firstly, the employee who is subjected to mobbing must be protected. As such, the employer’s duty of care carries great importance at this point. However, proving the allegation of mobbing is quite a difficult process. The submission of strong evidence is required in the legal process. In this article, the evidence that can be used to prove mobbing is examined under 7 main headings. The details of these elements, which constitute evidence in labor law, will be explained.

7 Key Points Constituting Evidence in Mobbing Allegations

In cases where mobbing incidents are taken to court, the burden of proof usually remains with the claimant. However, this obligation has been alleviated by Supreme Court decisions. The employee is expected to present strong indications that they have been subjected to mobbing. Therefore, the acceptance of these indications as evidence is of great importance.

1. Written and Electronic Communication Records

One of the strongest types of evidence in proving mobbing is communication records. Email, text messages (SMS), and messaging applications are evaluated within this scope. Humiliating, threatening, or mocking content sent to the employee can be submitted as evidence. Furthermore, correspondence requesting heavy tasks exceeding the employee’s job description also falls into this category. It is essential that these records be preserved along with their date and time. Thus, the existence of systematic harassment is proven.

2. Witness Statements

The statements of other employees who witnessed the mobbing incidents are highly valuable. Witness statements are a type of evidence frequently utilized in courts. Colleagues, supervisors, or other authorized persons can be heard as witnesses. However, it is necessary for the witnesses to have eyewitness-based and concrete information. Indirect information and rumors do not constitute evidence. Nevertheless, it should be kept in mind that witnesses may refrain from telling the truth due to fear of the employer.

3. Corporate Documents and Records

Official documents kept by the employer can indicate the existence of mobbing. For instance, the unjustifiable lowering of the employee’s performance evaluation scores can be given. Likewise, frequent and arbitrary changes in the place of work are also within this scope. The unjust refusal of the employee’s leave requests is also an indication of corporate pressure. Therefore, such corporate records should be evaluated as a whole.

4. Health Reports and Medical Records

Mobbing leaves serious damage to the employee’s mental and physical health. Supporting the psychological harassment experienced with medical records provides strong evidence. Reports obtained from psychiatry or psychology specialists are very important. Diagnoses such as stress disorder, anxiety, and depression can be associated with mobbing. These records prove the negative effects of mobbing on the employee’s health.

5. Audio and Video Recordings

Audio or video recording of mobbing incidents in the work environment is also accepted as evidence. However, it is mandatory that such recordings be obtained through legal means. Attention must be paid to the principle of the privacy of private life. Evidence obtained through illegal means is rejected by the court. For this reason, legal consultation is recommended before making any recordings.

6. Workplace Security Camera Footage

Security cameras located in workplaces can also be used in proving mobbing. However, the retention period for these recordings may be limited. Upon the emergence of a mobbing allegation, the preservation of the relevant recordings should be requested. Security footage is particularly important in proving moments of physical abuse or threat. Thus, it is shown that the incident concretely occurred.

7. Judicial Decisions and Administrative Investigation Results

There may be cases of other employees who were previously subjected to mobbing in the same workplace. Court decisions given in these cases can set a precedent. Furthermore, the results of internal investigations conducted by the employer or reports prepared by labor inspectors also qualify as evidence. Undoubtedly, these documents can support the existence of a general culture of harassment in the workplace.

Evaluation of Evidence in the Legal Process

The obligation to present evidence in mobbing cases belongs to the employee. Nonetheless, ease of proof has been provided through Supreme Court decisions. It is sufficient for the employee to only present indications that strengthen the mobbing allegation. In the remaining situation, the employer is expected to prove that these allegations do not reflect the truth. The combination of these 7 basic types of evidence is important. Consequently, the goal is to reach a fair decision in the legal process. It will be beneficial to seek support from a specialized lawyer during this process.

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