How Is Workplace Mobbing (Psychological Harassment) Proven?

The most common difficulty in mobbing cases is establishing, through concrete evidence, systematic psychological pressure experienced in the workplace. Correctly managing the burden of proof directly affects the outcome of the case.

The Legal Definition of Mobbing

Under Article 417 of the Turkish Code of Obligations, an employer is obliged to protect the employee's personality and to maintain a workplace order consistent with the rules of good faith. In case law, mobbing is defined as the systematic and ongoing exclusion or humiliation of an employee, or the deliberate aggravation of their working conditions. A single dispute or the ordinary exercise of managerial authority is not, as a rule, considered mobbing.

The Element of Continuity and System

For mobbing to be established, the incidents must recur over a certain period and be directed towards a specific purpose — typically pressuring the employee to resign. It is difficult to characterise a single incident as mobbing; it is therefore important to record every incident with its date, place and any witnesses.

What Evidence Can Be Used?

Correspondence (email, corporate messaging, WhatsApp), witness statements, inconsistencies in performance evaluation reports, medical reports (showing psychological effects such as anxiety or burnout), and responses to any internal complaints filed can all serve as evidence.

How Is the Burden of Proof Allocated?

An employee alleging mobbing must present evidence that renders the facts reasonably credible; once this threshold is met, the burden shifts to the employer, who must prove that mobbing did not occur. Turkish case law applies a standard of proof that is flexible in favour of the employee in such cases.

Practical Recommendations

Note every incident with its date, archive the relevant correspondence, and, where possible, file a written complaint with Human Resources — this both creates a record and shows that the employer was made aware of the situation. Consulting a lawyer early in the process helps ensure evidence is gathered correctly.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.