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Legal Aspects Of Workplace Bullying
The law for workplace bullying is given below for each country in detail. Further European countries with concrete antibullying legislation are Belgium, France, and The Netherlands. Australia Each state has its own legislation. In Queensland, legislation comes from Workplace Health and Safety Queensland. If bullying (referred to as 'Workplace Harassment' in the Queensland subordinate legislation) endangers a worker's health causing stress or any other physical harm, an obligation holders under the 'Workplace Health and Safety Act, 1995' can be found liable for not providing a safe place for their employees to work. Queensland is one of only two States in Australia with a Code of Practice specifically for workplace bullying – 'The Prevention of Workplace Harassment Code of Practice, 2004' In Victoria, legislation comes from Worksafe Victoria. If bullying endangers a worker's health causing stress or any other physical harm, a corporation can be found liable for not providing a s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Workplace Bullying
Workplace bullying is a persistent pattern of mistreatment from others in the workplace that causes either physical or emotional harm. It can include such tactics as verbal, nonverbal, psychological, and physical abuse, as well as humiliation. This type of workplace aggression is particularly difficult because, unlike the typical school bully, workplace bullies often operate within the established rules and policies of their organization and their society. In the majority of cases, bullying in the workplace is reported as having been done by someone who has authority over the victim. However, bullies can also be peers, and rarely subordinates. Research has also investigated the impact of the larger organizational context on bullying as well as the group-level processes that impact on the incidence and maintenance of bullying behaviour. Bullying can be covert or overt. It may be missed by superiors; it may be known by many throughout the organization. Negative effects are not li ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Tribunal
Employment tribunals are tribunal public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment discrimination. The tribunals are part of the UK tribunals system, administered by the HM Courts and Tribunals Service and regulated and supervised by the Administrative Justice and Tribunals Council. History Employment tribunals were created as industrial tribunals by the Industrial Training Act 1964. Industrial tribunals were judicial bodies consisting of a lawyer, who was the chairman, an individual nominated by an employer association, and another by the Trades Union Congress (TUC) or by a TUC-affiliated union. These independent panels heard and made legally binding rulings in relation to employment law disputes. Under the Employment Rights (Dispute Resolution) Act 1998, their name was changed to employ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hostile Work Environment
In United States labor law, a hostile work environment exists when one's behavior within a workplace creates an environment that is difficult or uncomfortable for another person to work in, due to illegal discrimination. Common complaints in sexual harassment lawsuits include fondling, suggestive remarks, sexually-suggestive photos displayed in the workplace, use of sexual language, or off-color jokes. Small matters, annoyances, and isolated incidents are usually not considered to be statutory violations of the discrimination laws. For a violation to impose liability, the conduct must create a work environment that would be intimidating, hostile, or offensive to a reasonable person. An employer can be held liable for failing to prevent these workplace conditions, unless it can prove that it attempted to prevent the harassment and that the employee failed to take advantage of existing harassment counter-measures or tools provided by the employer. A hostile work environment may al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
At-will
In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish " just cause" for termination), and without warning, as long as the reason is not illegal (e.g. firing because of the employee's gender, orientation, pregnancy, race, religion, or sexuality). When an employee is acknowledged as being hired "at will", courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave their job without reason or warning. The practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power. At-will employment gradually became the default rule under the common law of the employment contract in most U.S. states during the late 19th century, and was endorsed by the U.S. Supreme Court during the ''Lochner'' era, when members of the U.S. jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norton Tool V Tewson
''Norton Tool Co Ltd v Tewson'' 972EW Misc 1is a UK labour law case, concerning unfair dismissal and the measure of damages as a remedy. Facts Judgment Sir John Donaldson held that loss of pride and injury to feelings may not be compensated. An employee can get damages for (a) immediate loss of wages (b) the manner of dismissal (c) future loss of wages (d) loss of protection for unfair dismissal or redundancy dismissal. _Notes {{reflist.html" ;"title="972EW Misc 1/ref> Notes {{reflist">2 References * United Kingdom labour case law 1972 in United Kingdom case law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Johnson V Unisys Ltd
''Johnson v Unisys Limited'' 001UKHL 13is a leading UK labour law case on the measure of damages for unfair dismissal and the nature of the contract of employment. Facts After twenty years of working for Unisys Ltd in Milton Keynes, in 1994 Mr Johnson was dismissed for an alleged irregularity in his work. He suffered a mental breakdown, drank heavily, was admitted to mental hospital, could not find a new job despite over 100 applications and at age 52 was unlikely to have a promising future career. He claimed that he was wrongly dismissed, and that the manner of his dismissal, which was summarily without the chance of a fair hearing and with one month's pay in lieu only, caused his health problems. He sought compensation for unfair dismissal, and in addition for the manner of dismissal given the employer's breach of mutual trust and confidence. Judgment The House of Lords held that while Mr Johnson had been dismissed unfairly there could be no compensation for the manner of Mr J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Hoffmann
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on the interpretation of contracts, shareholder actions in UK company law, in restricting tort liability for public authorities, human rights and intellectual property law, in particular patents. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. Early life Born 8 May 1934 in Cape Town, Leonard Hubert Hoffmann was the son of a well-known solicitor who co-founded what has become Africa's largest law firm, Edward Nathan Sonnenbergs. Education He was educated at the University of Cape Town and then attended The Queen's College, Oxford, as a Rhodes Scholar, where he studied for the BCL degree and won the Vinerian Scholarship. Between 1961 and 1973, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Rights Act 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the Employment Protection Act 1975 and the Wages Act 1986. It deals with rights that most employees can get when they work, including unfair dismissal, reasonable notice before dismissal, time off rights for parenting, redundancy and more. It was amended substantially by the Labour government since 1997, to include the right to request flexible working time. This coincides with the Rights at Work Act 1995. Part I, Employment particulars An employee has an employment contract. ERA 1996 section 1(2) states, that the main terms of the contract must be in writing and provided to the employee within two months of the start of their employment. This document is called a "written statement o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Dismissal
In employment law, constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination. For example, when an employer places extraordinary and unreasonable work demands on an employee to obtain their resignation, this can constitute a constructive dismissal. The exact legal consequences differ between different countries, but generally a constructive dismissal leads to the employee's obligations ending and the employee acquiring the right to make claims against the employer. The employee may resign over a single serious incident or over a pattern of incidents. Generally, a party seeking relief must have resigned soon after an unreasonable situation was imposed. United States law In the United States, constructive discharge is a general term describing the involuntary resignation of an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Dismissal
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation. Situation per country Australia (See: '' unfair dismissal in Australia'') Australia has long-standing protection for employees in relation to dismissal. Most of that protection was however confined in one of two ways. An employer could not dismiss an employee for a prohibited reason, most typically membership of a union.Such a''Commonwealth Conciliation and Arbitration Act'' 1904 (Cth)s9(1). An individual however could not challenge their own dismissal as being unfair and instead had to rely upon a union challenging the fairness of the dismissal. This remedy however was generally only available in the state tribunals. A similar definition existed at the Commonwealth level, however it was considerably limited by the requirement under the Constitution to establish an inter-state dispute. The ability for an individual to seek relief from unfai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Contract
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts relies on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage (Simon, 1951). Terminology A contract of employment is usually defined to mean the same as a "contract of service". A contract of service has historically been distinguished from a contract for the supply of services, the expression altered to imply the dividing line between a person who is "employed" and someone who is "self-employed". The purpose of the dividing line is to attribute rights to some kinds of people who work for others. This could be the right to a minimum wage, holiday pay, sick ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queensland
) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of Queensland , established_title2 = Separation from New South Wales , established_date2 = 6 June 1859 , established_title3 = Federation , established_date3 = 1 January 1901 , named_for = Queen Victoria , demonym = , capital = Brisbane , largest_city = capital , coordinates = , admin_center_type = Administration , admin_center = 77 local government areas , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 = Jeannette Young , leader_title3 = Premier , leader_name3 = Annastacia Palaszczuk ( ALP) , legislature = Parliament of Queensland , judiciary = Supreme Court of Queensland , national_representation = Parliament of Australia , national_representation_type ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
