things to know about mobbing
Mobbing behaviour might manifest itself in various ways; these are mostly:
- Actions that prevent free expression, e.g. interrupting, bullying, ridiculing, criticising, or using humiliating gestures or looks.
- Actions that affect social connections, e.g. ignoring, forbidding contact with other employees.
- Actions that decrease an employee reputation, e.g. ridiculing, questioning their decisions, spreading rumours about an employee, suggesting that an employee suffers from a mental disorder.
- Actions that undermine a professional position, e.g. assigning too much or too little work, overburdening with duties, taking away previously assigned tasks, commissioning meaningless work.
- Actions that have a negative impact on physical health, e.g. assigning to health-endangering work, putting people in fear of violence.
Mobbing and discrimination
|mobbing is a long-term and persistent activity||can be a one-off act|
|does not refer to a legally protected characteristic, does not have a certain catalogue of violations qualified as mobbing||the provisions on discrimination indicate that the discriminated person has a specific feature that affects their unequal treatment. However, the catalogue of these features is for reference only|
|a plaintiff has to prove they have been mobbed||a transferred burden of proof: it is the employer who proves that no unequal treatment occurred and while differentiating the employee’s scope of rights, the employer has had different objective criteria|
|characterised by an offender’s deliberate actions or behaviours, intentionality||motivation does not matter|
|mobbing occurs within the relations between members of a given organisation, e.g. employer – employee||discrimination, on the other hand, may occur before employment where a future employee can be discriminated against during a job interview. Legal regulations protect a job candidate in the recruitment process to some extent|