To be considered an actionable legal wrong the treatment complained of must constitute an actionable wrong for example a statutory breach of care or breach of a common law duty of care. If the Plaintiff alleges it is a breach of a common law duty then it must be within the definition of the 1990 Code of Practice’s definition of bullying. An objective test has been set for bullying by the Supreme Court in Berber v. Dunnes Stores  20 ELR 61 and the conduct of both the employee and employer will be examined.
Breach of contract, or of health and safety legislation, or of common law duties developed over the years and also moreso recently a claim in negligence is where bullying claims arise. Although it can arise under many headings in practice a plaintiff will usually allege all of the claims below.