Court of Cassation upholds ruling: Bank employee tracked during bathroom breaks awarded damages for mobbing

The Court of Cassation's 9th Civil Division upheld the Izmir 20th Labour Court's decision, finding it procedurally and substantively sound, which had ruled that an employee working as a team leader at a bank in Izmir had been subjected to mobbing.

The employee, who had worked at the bank since 2001, argued that pressure intensified after he reported the insulting and threatening behaviour of a newly appointed manager to senior management in 2014. According to the court decision, the employee was even reprimanded for going to the bathroom twice in succession, and an email was sent stating he "would not have diarrhea." The decision also noted that emails with insulting and accusatory language were sent to employees who took breaks several hours apart on the same day.

The Izmir 20th Labour Court, after reviewing witness statements, email correspondence, and medical reports, established that the employee received treatment for depression and hypertension. The court found that the employee carried a heavier workload than other team leaders, that his workplace was changed, and that he was kept under constant surveillance. The decision also noted that no other employee was terminated when the employment contract was terminated on March 13, 2020, citing downsizing.

While the claim for moral damages was accepted, claims for material damages and discrimination damages were rejected. The bank's appeal was dismissed on the merits by the Izmir Regional Court of Justice 29th Civil Division; at the cassation stage, the Court of Cassation reached the same conclusion.