Commentary written by Mario Reljanović aims to show the key parameters for proving mobbing in civil proceedings, which is of great importance since their correct understanding and application in civil proceedings may guarantee better legal practice in this field.
BiH Law on Prohibition of Discrimination defines mobbing as one of the forms of discrimination. This Law defines mobbing as a "form of non-physical harassment at working place with repetitive actions that have humiliating effect on a victim and aim for or has degradation of employee’s working conditions or professional status as a consequence." Such a definition of mobbing determines specific mechanisms of legal protection that victims of mobbing can use. One of them is the litigation regarding the discrimination. This type of litigation is conduced under the general rules of civil procedure, and regulated by the Civil Procedure Code of the Federation of Bosni and Herzegovina and Republic of Srpska, but there are specific solutions that have been adopted taking into consideration the typical procedural position of victims of discrimination or mobbing.
In discrimination (and thus mobbing) proceedings it is very difficult to prove whether of not unallowable behaviour by the employer or other employee occured. Commentary written by Mario Reljanović aims to show the key parameters for proving mobbing in civil proceedings, which is of great importance since their correct understanding and application in civil proceedings may guarantee better legal practice in this field.
The author presents two characteristics of proving in proceedings concerning mobbing: the first is reflected in shifting the burden of proof on the defendant, while the other specificity in such litigation is in the list of potential evidence available to the prosecutor.
The Commentary is published within the project “Equality for All: Civil Society Coalition against Discrimination“, and is implemented in cooperation with Mediacentar Sarajevo, Analitika – Center for Social Research, Rights for All and Vaša prava BiH. This project is financed by USAID and Open Society Fund Bosnia and Herzegovina.
This publication is published by the generous support of the American People through the United States Agency for International Development (USAID). The contents of this Commentary are the sole responsibility of the author and do not necessarily reflect the views of USAID or the United States Government.
More information about the AD program is available at: www.diskriminacija.ba.
The publication in local langauages is available HERE.