Mobbing and Your Duty of Care as an Employer
Mobbing is repeated, intentional harassment or intimidation of an employee by colleagues or management, creating a hostile work environment. Swiss law imposes a duty of care (Sorgfaltspflicht) on you to prevent mobbing and act decisively when it occurs. Failure exposes you to wage claims, dismissal-protection disputes, and reputational damage.
Mobbing means systematic, deliberate mistreatment—exclusion, insults, sabotage, or public humiliation—targeting one person over weeks or months. It differs from isolated conflict or poor management. Swiss courts recognize mobbing as a breach of your employer duty of care under the Code of Obligations (OR).
Your obligation is not to eliminate all workplace friction, but to act once mobbing becomes evident. Early intervention protects both the affected employee and your company legally and culturally.
When Mobbing Comes Up
An employee reports feeling systematically excluded by their team. Or you notice someone is being openly mocked in meetings. Sometimes HR or a manager flags concerning behaviour patterns. These moments require prompt, documented response.
Mobbing claims often surface during termination disputes or severance negotiations. An affected employee may claim constructive dismissal or seek damages. Early, visible action prevents escalation and demonstrates your seriousness.
- Employee complaint or self-report of repeated harassment
- Manager observation of exclusion, insults, or sabotage
- Sudden performance drop or sick leave spike in one team member
- Tension between an individual and a group or department
- Third-party tip-off from a colleague, union representative, or staff survey
- Legal demand or tribunal filing alleging mobbing
Your Duty of Care (Sorgfaltspflicht)
Swiss law (OR Article 328) requires you to protect employees' dignity, health, and safety. Mobbing breaches this. You must listen to complaints without dismissal, investigate impartially, and take corrective action—whether coaching, conflict mediation, separation, or dismissal of the perpetrator.
Document everything. Keep records of complaints, interviews, findings, and steps taken. This protects you if the case later reaches cantonal labour court or the Federal Supreme Court (Bundesgericht).
- Establish a clear, accessible complaint channel (manager, HR contact, or neutral third party)
- Investigate within 2–4 weeks; interview the accused and witnesses separately
- Separate parties if immediate harm risk exists (shift changes, temporary remote work)
- Consult an employment lawyer if the case is complex or involves dismissal
- Communicate findings and corrective action to both parties in writing
- Follow up after 3–6 months to ensure behaviour has stopped
The Most Common Mistake
Waiting too long or hoping it resolves itself. Employers often delay because mobbing feels ambiguous or because the accused employee is valuable. By the time you act, the victim has quit, filed a tribunal claim, or suffered documented health damage.
A secondary error: investigating secretly without telling the accused, or asking the victim's team 'to sort it out.' This erodes trust and usually makes mobbing worse. Be transparent, swift, and fair.
- Delay: 'Let's see if it blows over' turns a small conflict into a legal case
- Dismissal without investigation: firing the accused without due process invites wrongful-dismissal claims
- Informal pressure: telling the victim to 'toughen up' or 'stay out of the office'
- Ignoring the accused's right to respond to allegations
- Taking one party's word without corroborating evidence
- No follow-up: ending the investigation without checking if mobbing has truly stopped
Frequently asked questions
- Is one insulting remark or exclusion from one meeting mobbing?
- No. Mobbing implies a pattern—repeated, deliberate mistreatment over weeks or months. A single rude comment, even harsh, is workplace conflict, not mobbing. However, document it and monitor. If the pattern continues, escalate to investigation.
- What if the alleged perpetrator is a top performer or long-serving colleague?
- Status is irrelevant. Swiss courts do not excuse mobbing by high performers. Investigate and act fairly. You may offer coaching, mediation, or a lateral move; you may also dismiss if the behaviour is severe and unrepentant. Inaction exposes you to liability.
- Can the affected employee claim damages while still employed?
- Yes. Swiss law allows claims for wage loss, psychological injury costs, and damages under OR Article 328. The employee can file at the cantonal labour court or arbitration panel. Settlement and mediation often prevent lengthy litigation.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.