Disciplinary & Grievance Procedures

Employers should be aware that where an investigative or disciplinary actions for bullying are taken, this may well put the employer on notice of possibility of injury to the employee if they do not take further action to manage the situation between colleagues.  Codes of practice and procedure are admissible in evidence in Court and…...

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Hatton v Sutherland

Sixteen propositions to summarise the law on liability for illness induced by occupational stress from paragraph 43 of the judgment of Hale, LJ:- There are no special control mechanisms applying to claims for psychiatric (or physical) illness or injury arising from the stress of doing the work the employee is required to do. The ordinary…...

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Personal Injuries Proceedings

There has been a growth in the last number of years of employees bringing claims under the tort of negligence (via personal injuries) for bullying at work. The common law duty of an employer to provide a safe place & system of work is not limited to avoiding physical injuries to employees but will also…...

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Breach of the Safety, Health and Welfare at Work Act 2005

A claim for bullying and/or stress can also be grounded in a claim that an employer has breached health & safety legislation. The 2005 Act provides a statutory basis under which employers have a duty to take reasonable care to prevent mental injury in the workplace.  Section 8(2)(b) is the most significant section regarding bullying…...

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Breach of a Common Law Duty

Employers owe varied duties to their employees – statutory duties via employment legislation and health and safety as well as through common law duties developed by the Courts over the years. At the core of the duties owed at common law is that an employer owes a duty to his employees to take reasonable care…...

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Breach of Contract

In every employment contract there is an implied term of “mutual trust and confidence” and a bullying claim can be brought as a breach of that term of the contract. In Berber v. Dunnes Stores [2009] 20 ELR 61 the plaintiff brought his claim inter alia  on this basis. Both the High Court and the…...

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Bullying as an Actionable Legal Wrong

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…...

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What is bullying?

The Industrial Relations Act 1990 (Code of Practice Detailing Procedures for Addressing Bullying in the Workplace) (Declaration) Order 2002 [Statutory Instrument No.208 of 2002] defines workplace bullying as:   “….repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work…...

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Bullying – Introduction

Claims for injuries from bullying in the workplace are on the rise and are increasingly becoming the basis for personal injuries claims as well as under the auspices of employment law itself. The High Court has recently given a number of judgments which provide guidance in this area through claims for personal injuries with the…...

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