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Bullying and Behavioural Conflict at WorkThe Duality of Individual Rights$
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Lizzie Barmes

Print publication date: 2015

Print ISBN-13: 9780199691371

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780199691371.001.0001

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Factual Themes in Case Law about Behavioural Conflict at Work

Factual Themes in Case Law about Behavioural Conflict at Work

(p.103) 4 Factual Themes in Case Law about Behavioural Conflict at Work
Bullying and Behavioural Conflict at Work

Lizzie Barmes

Oxford University Press

This chapter explains how the qualitative case law research was undertaken and describes the sample of judgments that were analysed. It relates factual themes in the judgments and the overarching motifs of complexity and adversarialism that were revealed. The first extrapolation is that peculiarities in the subset of cases that come before higher courts must influence the beliefs and attitudes of legal insiders. Second, the case law showed judges working incredibly hard on workplace disputes to arrive at some kind of truth. This is in a context in which working people’s efforts to resolve problems are known often to meet with failure, the small minority who litigate frequently have poor experiences and the judgments showed cases reaching the higher courts even when the underlying claims appeared either obviously meritorious or the opposite. The critical question revealed was whether all the resource and effort that are put into adjudication of individual employment and equality rights could be harnessed to deliver more.

Keywords:   individual rights, judgments, adjudication, complexity, adversarialism, litigation, workplace behaviour, bullying, harassment, socio-legal

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