What is Bullying?
Bullying in the workplace has been described in various ways. The Health and Safety Authority’s definition is that it is: “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 and/or in the course of employment, which could reasonably be regarded as undermining the individual‘s right to dignity at work.”
An isolated incident of the behaviour described in this definition may be an affront to dignity at work but as a once off incident is not considered to be bullying.
Examples of Behaviour that may Constitute Bullying
Examples of behaviour that may constitute bullying are as follows:
• Purposely undermining someone;
• Targeting someone for special negative treatment;
• Manipulation of an individual‘s reputation;
• Social exclusion or isolation;
• Intimidation;
• Aggressive or obscene language;
• Jokes that are obviously offensive to one individual by spoken word or email;
• Intrusion by pestering, spying and stalking;
• Unreasonable assignments to duties which are obviously unfavourable to one individual;
• Repeated requests with impossible deadline or impossible tasks
A Health & Safety issue
Just as employers are responsible for ensuring that accidents are avoided in the workplace, they are also obliged to ensure that Bullying does not occur in the workplace. These are responsibilities which are guided by Statute under the Safety, Health & Welfare at Work Act 2005.
Bullying Awards against Employers
Morgan McManus solicitors have extensive experience in Bullying Claims – both acting for employees who have been bullied at work and also defending employers against whom Claims have been made. We also ensure to keep our clients updated on this complicated area of the law. For instance, see our BLOG – Bullying Award overturned by Court of Appeal.
Preventing Bullying Complaints and Claims
Obviously, what an employer should do is concentrate on ensuring to have Policies and Procedures on Bullying in the Workplace. For more information, see the relevant Codes of Practice provided by the Health & Safety Authority and the Workplace Relations Commission.
Bullying at Work e-Learning Course
The HSA has developed an e-learning course that has been developed for managers dealing with Bullying Complaints in the workplace. It covers key areas such as what is specific to a bullying complaint, examples of bullying-type complaints and non-bullying complaints, and guidance on the appropriate and inappropriate reaction of managers. It concludes with the Anti-Bullying Policy and the type of information that should be contained in this workplace document.
For more information on Bullying Complaints contact Brian Morgan at Morgan McManus Solicitors
By email to bmorganmcmanus.ie
Or phone 003534751011
*Because we undertake Accident and Injury Claims in the Republic of Ireland, under Advertising Regulations we are obliged to advise that in contentious claims, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.