Court of Cassation upholds ruling: Bank ordered to pay damages for 'don't have diarrhea' instruction

A person who worked as a team leader at a bank for 13 years and was later dismissed won a case filed on grounds of psychological harassment in labor court; the decision was unanimously upheld by the Court of Cassation's 9th Civil Chamber and became final. The plaintiff claimed that the department manager interfered with break periods, did not grant administrative leave, and called him 'dishonorable and unprincipled' at a meeting, and sought moral damages.

The bank's lawyer argued that all legal entitlements of the plaintiff had been paid and that following the evaluation of the disciplinary board, no special harassment or mobbing had been determined, requesting dismissal of the case.

The labor court found that the branch manager had sent insulting instructions to employees via email regarding breaks not extending, not using the restroom frequently, and 'not even having diarrhea.' In its reasoning, the court emphasized that the bank had provided no evidence regarding the plaintiff's performance, and that the witnesses heard also stated his performance was good. Noting that medical reports documenting deterioration of the plaintiff's health entered the case file, the court ordered moral damages; claims for material damages and discrimination damages were rejected.

The bank appealed the decision; the Regional Court of Justice rejected the appeal. The Court of Cassation's 9th Civil Chamber unanimously upheld the moral damages decision.