Bullying at Work Ireland & Definition
Bullying at the workplace is repeated inappropriate behaviour that undermines your right to dignity at work. It can be done by one or more persons and it is aimed at an individual or a group to make them feel inferior to other people. Bullying can be verbal bullying, physical bullying or cyber bullying which is carried out on the internet or mobile phones, through social networking sites, email and texts. It can take many different forms such as:
- Social exclusion and isolation;
- Damaging someones reputation by gossip or rumours;
- Aggressive or obscene language;
- Repeated requests with impossible tasks or targets etc.
In 2005 the Expert Advisory Group on Workplace Bullying reported that bullying is an increasing problem in the workplace. A survey on bullying was carried out as recommended by the Group and Bullying in the Workplace, Survey Reports 2007 was published. In many European countries the term ‘mobbing’ is used instead of bullying to describe this type of hostile behaviour in the workplace.
Bullying at Work Employer Responsibilities
The 2005 Safety, Health, and Welfare at Work Act is the main legislation on workplace safety and health. It applies to all employers, employees, and sole proprietors. This law outlays the rights and responsibilities of employers and employees at work in terms of health and safety law. Employers also have common law duty obligations to take reasonable care for their employees safety at work.
Under Section 8 of the act, employers are responsible for ensuring employees safety, health, and welfare at work to the reasonably practicable limit. If any employee should suffer physical injury or mental injury because of negligence of the employer, an employee is entitled to seek a legal remedy, such as, a personal injury claim* for bullying at work.
Duty of Care
Firstly, when assessing a case, it is necessary to assess if a legal duty of care was owed between the parties. In an industrial deafness claim* an employer will owe an employee a duty of care.
Employers must take reasonable care to avoid acts/ommissions one could foresee would likely injure the employee.
Negligence consists of the failure of an employer to reasonably fulfil their duties to employees and the employee suffers as a result. Employers have obligations regarding employee safety and the employee also has a duty regarding their safety & wellbeing.
Employers found liable for negligence will face legal consequences for the injury sustained by the employee. Some examples of negligence by employers can include:
Personal Injury* Claim Bullying at Work Legal Remedy
If you have been injured as a result of the actions of someone else, you will have suffered what is termed a Tort, which is a civil wrong, and as an injured party you will have a right to initiate a legal action.
Here is more information about the personal injury claims* process.
Personal Injury Claim* Bullying at Work Time Limits
There is a limit regarding how long an injured person has to initiate a legal personal injury* claim legal action. This limit is pursuant to the statute of limitations act and if surpassed, it can cause your claim to be whats termed as statute barred from court. One has two years from the date of the incident to initiate the legal action, and there is a separate statute of limitation period rule for assault.
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.