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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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Senior Managers and Lawyers on Behavioural Conflict at Work and Legal Influence

Senior Managers and Lawyers on Behavioural Conflict at Work and Legal Influence

Chapter:
(p.183) 8 Senior Managers and Lawyers on Behavioural Conflict at Work and Legal Influence
Source:
Bullying and Behavioural Conflict at Work
Author(s):

Lizzie Barmes

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199691371.003.0008

This chapter explains how the interview study was undertaken. It presents and interprets data on behavioural conflict as an organizational phenomenon and on the influence of law and legal process in workplaces. Strange patterns of legal influence and its absence emerged, overlaid with organizational and judicial thinking sometimes being consonant and dissonant. Law and legal process appeared to deflect employers from effectively responding to problems, specifically from doing so by applying the general justice norms that underlie both the framework of individual rights and the detailed application of these to behavioural issues in higher court adjudication. Distinctions between accounts given by managers and lawyers showed that the reality of working life appears is distorted from a purely internal legal vantage point. This reinforces the contention that an external account of law and legal process is essential to understanding the entirety of what is being done with legal tools at work and to perceive how their functioning might be improved.

Keywords:   individual rights, managers, lawyers, legal influence, organizations, proceduralization, formality, bullying, harassment, socio-legal

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