Unfortunately, mobbing is a common occurrence in the workplace. Mobbing, which involves psychological harassment, intimidation, and pressure, negatively impacts employees’ work lives and leads to serious psychological problems. For workplace mobbing victims in Antalya to pursue their rights, proof of the mobbing must first be provided. In this process, determining who bears the burden of proof and how it should be met is crucial.
Definition and Elements of Mobbing
Mobbing encompasses all acts of psychological harassment, intimidation, and pressure inflicted systematically and over a sustained period by one or more individuals against another in the workplace. These acts aim to negatively impact the victim’s work performance, lead to their dismissal, or create an unsettling workplace environment. Elements of mobbing include humiliation, degrading, threats, gossip, social isolation, persistent obstruction of assignments, unfair criticism, and constant surveillance. The systematic and prolonged nature of these acts is a hallmark of mobbing. A single incident does not qualify as mobbing.
Who Has the Burden of Proof?
Under Turkish law, the party filing the lawsuit (the plaintiff) has the burden of proof. In this case, the employee alleging workplace mobbing must prove that the mobbing occurred and that it was perpetrated by the employer or authorized personnel. However, this burden of proof is not absolute. The court will make its decision based on the evidence presented by the plaintiff and the defendant’s defense. If the defendant denies the allegations, it is expected to provide supporting evidence.
Necessary Evidence to Prove Mobbing
Various evidence can be used to prove mobbing. These include:
Witness Statements:
The testimonies of those who witnessed a mobbing incident are crucial evidence to be evaluated by the court. Their reliability is assessed by considering the witnesses’ knowledge of the incident and their impartiality.
Written Documents:
Written documents such as emails, text messages, official correspondence, and performance evaluation reports are important evidence to prove the existence of bullying. These documents may contain clues to bullying acts.
Medical Reports:
Medical reports demonstrating the psychological problems caused by mobbing are crucial for proving the victim’s victimization. These reports must be prepared by a qualified physician.
Photo and Video Records:
Photographs and video recordings of bullying acts, if available, are strong evidence. However, these recordings must be obtained in a manner that complies with privacy rights.
Responsibility of Employers and Authorities
Employers are responsible for protecting their employees from workplace bullying. Employers must take the necessary measures to prevent bullying and handle complaints of bullying seriously. If an employer fails to take action despite knowing about bullying or protects the perpetrator, they may also be held liable. To prevent workplace bullying, an employer-sponsored bullying policy and appropriate training programs are crucial.
Legal Aid in Antalya
Victims of workplace bullying in Antalya can seek legal assistance from an experienced attorney to pursue their rights. An attorney will assist the plaintiff in proving the bullying incident, gather the necessary evidence, and represent them in court. A sound and effective legal strategy will help bullying victims protect their rights. Because bullying cases can be complex and time-consuming, seeking the support of a qualified attorney is crucial. By following the correct legal process, victims can receive their rightful compensation.
Workplace mobbing incidents seriously impact both the physical and mental health of employees. Therefore, it is crucial that legal regulations are effectively implemented to prevent mobbing and protect the rights of victims, and that employers are aware of their responsibilities. For those experiencing workplace mobbing in Antalya or seeking information, seeking the support of a qualified attorney is the most effective way to protect their rights.