How to Prove Workplace Bullying (Mobbing): A Detailed Guide to the Procedure and Evidence

Psychological harassment in the workplace, commonly known as mobbing, is one of the most serious challenges a worker can face. Often, mobbing manifests through subtle, systematic, and repetitive behaviors that leave no visible physical traces but cause deep emotional, psychological, and health-related consequences. Due to this nature, proving mobbing in a legal procedure can be extremely difficult.

However, difficult does not mean impossible. The legal system in the Republic of North Macedonia provides mechanisms for protection, and with the right approach and systematic collection of evidence, a victim can successfully demonstrate the existence of harassment and assert their rights. This guide aims to demystify the procedure and provide practical advice on gathering evidence.

1. The Key Legal Concept: Shifted Burden of Proof (Onus Probandi)

One of the most important provisions in favor of the victim of mobbing is the rule of shifted burden of proof. In standard court procedures, the party making a claim (the plaintiff) has the obligation to fully prove their allegations. However, in disputes concerning protection against harassment and discrimination, the law provides an eased position for the victim.

This means that:

• The plaintiff (employee) must present facts and propose evidence that make the existence of harassment probable. In other words, it is not necessary to provide absolute and indisputable proof, but rather to create a reasonable belief for the court that the harassment actually occurred.

• Once the plaintiff has done this, the burden of proof shifts to the defendant (employer or person committing the harassment). The defendant must then prove that there was no behavior constituting harassment or that such behavior was justified for other reasons.

  
  

This key legal mechanism is established in multiple laws, giving it additional weight.

2. Types of Evidence in Mobbing Court Proceedings

To make a claim of mobbing “probable,” it is necessary to collect and present concrete evidence. According to the Law on Civil Procedure, the following types of evidence can be used in a mobbing dispute:

a) Written Evidence

This is often the strongest and most objective category of evidence. It includes any documented communication or official acts that illustrate harassing behavior:

• Electronic communication: Preserve all emails, SMS messages, and messages from communication apps (Viber, WhatsApp, Messenger, Slack, etc.) that contain insulting, threatening, humiliating, or inappropriate content. It is important to keep them with dates and timestamps.

• Official documents: Document all unjustified written warnings, negative performance evaluations that do not reflect reality, decisions to relocate you to an inappropriate work position without clear justification, unjustified denial of vacation requests, or assignment of tasks far below or above your qualifications aimed at humiliation.

• Medical documentation: This is key evidence for the consequences of mobbing. Visit an occupational health doctor, psychologist, or psychiatrist. Their findings, which document a compromised health condition (anxiety, depression, high blood pressure, insomnia, post-traumatic stress) and link it to workplace conditions, carry significant weight. Under the Law on Protection Against Workplace Harassment, the employer is obliged to transfer the employee to another environment if an authorized health institution determines that the employee’s health has been harmed due to harassment.

• Personal diary: Keep a detailed, chronological diary of each incident. Record:

  • Date, time, and place of the incident.

  • Description of the behavior: What exactly happened? What was said or done?

  • Who was present: Names of colleagues who witnessed the incident.

  • Your reaction and feelings: How did you feel at the moment and afterward? - Although this is a private record, it can serve as strong support for your testimony in court and demonstrate the systematic nature of the harassment.

b) Witnesses

Testimonies from colleagues who directly witnessed the harassing behavior are extremely important. Witnesses can confirm specific events, insulting remarks, isolation from the work environment, or other forms of psychological pressure. According to the Law on Civil Procedure, anyone duly summoned as a witness is required to appear and testify unless otherwise provided by law. Even if colleagues are afraid of consequences, their testimony in court is legally protected and can be decisive for the outcome of the case.

c) Expert Evaluation

During the court proceedings, the court may order an expert evaluation. Usually, an expert in psychology or psychiatry is engaged. The expert prepares a professional report and opinion addressing key questions:

• What is the current psychological state of the victim?

• Is there a causal link between workplace harassment and the impaired health?

• What is the severity and duration of the emotional suffering, fear, and harm to reputation?

This report is crucial, especially for awarding fair financial compensation for non-material (moral) damages under the Law on Obligations.

d) Testimony of the Parties

The testimony of the victim (plaintiff) in court constitutes evidence under the Law on Civil Procedure. A convincing, consistent, detailed, and emotionally credible testimony, supported by other material evidence (letters, messages, medical findings) and witness accounts, carries significant weight in forming the court’s final conviction.

3. Protection During the Procedure: Interim Measures

Since court proceedings can take a long time, and harassment may continue during the dispute, the law allows for urgent protective measures. The victim can request the court to impose interim measures to prevent further harassment while the case is ongoing.

According to the Law on Protection Against Workplace Harassment, the court may order measures such as:

• Prohibiting the harasser from approaching the victim’s workplace.

• Prohibiting communication (verbal, phone, or electronic).

  
  

These measures are a powerful tool to ensure peace and safety for the victim during the legal process.

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Conclusion

Proving mobbing is a marathon, not a sprint. It requires patience, courage, and above all, systematic and thorough documentation of every aspect of the harassing behavior. While the path may seem difficult, the legal system offers real protection opportunities. Remember, you are not alone in this struggle. The shifted burden of proof is your ally, and a combination of written evidence, witnesses, and expert opinions can build a strong case.

If you are facing mobbing, the first step is to start documenting, and the next is to seek professional legal assistance to protect your dignity, health, and professional future.

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Note: This text has been prepared solely for informational purposes and cannot be considered legal advice or guidance for specific actions. Legal matters are complex, and each case has its own unique circumstances that must be assessed individually. For this reason, it is recommended to consult a qualified attorney who can provide tailored legal solutions to your specific situation.