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dc.contributor.authorConnolly, Ursula
dc.contributor.authorQuinlivan, Shivaun
dc.date.accessioned2018-03-22T11:22:19Z
dc.date.available2018-03-22T11:22:19Z
dc.date.issued2016-07-07
dc.identifier.citationConnolly, Ursula, & Quinlivan, Shivaun. (2016). Accessing justice in cases of occupational bullying in Ireland. Irish Community Development Law Journal, 5(1), 18-32.en_IE
dc.identifier.urihttp://hdl.handle.net/10379/7220
dc.description.abstractOur understanding of the nature and effect of bullying behaviour has developed dramatically over the past forty or so years. Despite this however Ireland does not have a dedicated legal remedy for workplace bullying. Soft-law mechanisms such as Codes of Practice and policies, such as Dignity at Work policies, are welcome but legally ineffectual mechanisms for protecting employees from bullying behaviour. In the absence of a dedicated legally enforceable provision affected workers are required to rely on a range of actions, some of which were never designed with bullying in mind. These include constructive dismissals actions, personal injuries actions in negligence pursuant to health and safety legislation, discriminatory harassment actions and reliance on the industrial relations mechanism now operated by the Workplace Relations Commission. This paper argues that the inappropriateness of these provisions creates a lacuna in Irish law and acts as a barrier to access to justice for workers subjected to bullying. It further argues that as bullying undermines a person s right to dignity in the workplace in much the same way as discriminatory harassment, it should be similarly prohibited. It therefore argues that a specific legislative provision should be introduced which mirrors the level of protection offered against discriminatory harassmenten_IE
dc.formatapplication/pdfen_IE
dc.language.isoenen_IE
dc.publisherCommunity Law & Mediationen_IE
dc.relation.ispartofThe Irish Community Development Law Journalen
dc.subjectOccupational bullyingen_IE
dc.subjectJusticeen_IE
dc.subjectCompensationen_IE
dc.subjectBullyingen_IE
dc.subjectWorkplace bullyingen_IE
dc.subjectHarassmenten_IE
dc.subjectWorkplace Relations Commissionen_IE
dc.subjectHealth and safetyen_IE
dc.subjectConstructive dismissalen_IE
dc.titleAccessing justice in cases of occupational bullying in Irelanden_IE
dc.typeArticleen_IE
dc.date.updated2018-03-20T16:58:22Z
dc.local.publishedsourcehttp://www.communitylawandmediation.ie/irish-community-development-law-journal/-volume-5-issue-1-access-to-justice-in-ireland.1181.htmlen_IE
dc.description.peer-reviewedpeer-reviewed
dc.internal.rssid13547372
dc.local.contactUrsula Connolly, Dept. Of Law, Room 513, Tower 2, Arts/Science Building, Nui Galway. 3250 Email: ursula.connolly@nuigalway.ie
dc.local.copyrightcheckedNo
dc.local.versionACCEPTED
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