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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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Legal Themes in Case Law about Behavioural Conflict at Work III

Legal Themes in Case Law about Behavioural Conflict at Work III

Consistency in Analysing Employer Responses

(p.169) 7 Legal Themes in Case Law about Behavioural Conflict at Work III
Bullying and Behavioural Conflict at Work

Lizzie Barmes

Oxford University Press

The chapter documents the remarkably consistent approach, irrespective of the court, cause of action, or timing, to working out the implications of substantive legal rules about workplace behaviour where jurisdictional problems allowed. It demonstrates this consistency in relation to judges drawing the line between acceptable and unacceptable employer responses either to the fact of, or to complaints about, workplace behaviour, with the use of recurrent decision-making tropes. Adjudicative processes still emerged as presenting a serious challenge to managerial power but there were indications of judges wrestling with the uneasy balance between vindicating individual interests at work and recognizing the essentially collective, communal nature of working life. The fundamental question remains what ultimate influence this adjudicative work has within organizations.

Keywords:   individual rights, judgments, adjudication, consistency, legal standards, workplace behaviour, dispute resolution, bullying, harassment, discrimination

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