Workplace Bullying A Review Of Litigated Cases-Books Pdf

Workplace Bullying A Review Of Litigated Cases
15 Feb 2020 | 82 views | 0 downloads | 21 Pages | 233.49 KB

Share Pdf : Workplace Bullying A Review Of Litigated Cases

Download and Preview : Workplace Bullying A Review Of Litigated Cases

Report CopyRight/DMCA Form For : Workplace Bullying A Review Of Litigated Cases



Transcription

Employ Respons Rights J, DOI 10 1007 s10672 009 9140 4. Workplace Bullying A Review of Litigated Cases, William Martin Helen LaVan. Springer Science Business Media LLC 2009, Abstract Using policy capturing methodology this study examined the nature of. workplace bullying in a random sample of 45 litigated cases in the United States Among. the findings were that most of the cases were in the District Court Nearly one fifth of the. cases involved physical violence the majority of the cases were in the public sector and the. supervisor was the perpetrator in many of the cases The presence of a policy banning. workplace bullying was present in slightly more than one third of the cases A striking. finding was that 73 3 of the cases were found in favor of the employer as the defendant. These findings support the fact that even though there are no specific workplace bullying. laws in the U S victims of workplace bullying can be legally protected Implications for. managerial practice and future research are suggested. Key words workplace bullying litigated cases managerial style judicial opinion. Relevance of Study, The role of organizational research is to identify relationships in organizational contexts and. provide information for managerial decision making Given the pervasiveness of bullying. and the potential negative effects of it both from an individual and organizational basis it. becomes more imperative that research be conducted To date research on bullying has. tended to be based on experimental designs in which subjects are asked to report the. existence of contextual factors relating to bullying in contexts that have been devised for. the research study Another stream of research is based on surveys in which likely victims. or knowledgeable professionals such as human resource professionals are asked to report. their experiences Often these are in one organizational setting and do not take into account. W Martin H LaVan, Department of Management College of Commerce DePaul University 1 East Jackson Blvd Chicago.
IL 60604 USA, e mail martym depaul edu, e mail hlavan depaul edu. Employ Respons Rights J, the legalities Hence there is a paucity of research relating to the litigation of bullying. Granted that these court cases are perhaps the extremes of bullying they are real scenarios. in which organizational members were unable to resolve the bullying behaviors and or. consequences and subsequently litigated The contribution that this research makes is to. discern the bullying in a variety of different contexts through litigation rather than through. the other methodologies These are real incidents that have transpired and are reported on. by a more objective third party i e the judge writing a judicial opinion What makes the. study of more interest is that in the U S there are no specific laws that regulate bullying so. this litigation is based on a variety of other laws and tort actions. Review of the Literature, A brief review of the literature as it specifically relates to the U S context in general and the. U S legal context in particular will be presented below after first discussing the current. controversy surrounding the definition of workplace bullying as a theoretical construct and. an operational definition Shadish et al 2002 illustrate similar definitional confusion. resulting in challenges to construct validity surrounding the label hostile work. environment This definitional challenge is not limited to the study of workplace bullying. More exhaustive literature reviews have been written elsewhere Hoel et al 2006. Einarsen 1999 2000 Rayner and Hoel 1997 This review will not address the ethical. aspects of workplace bullying which have been previously addressed by LaVan and Martin. To date there is no agreed upon universally accepted definition of workplace bullying. Yuen 2005 This presents problems as it relates to comparing studies both within any. particular country and across countries For instance without such a consensus definition it. is a challenge to know whether the incidence and prevalence of workplace bullying is. increasing or decreasing, Not only is a consensus definition non existent but different terms are used to describe. the same phenomenon for instance workplace aggression workplace abuse workplace. bullying and workplace harassment to name a few Schat et al 2006 reconcile this. definitional dilemma by pointing to the fact that the behaviors that constitute workplace. aggression are generally consistent with the behaviors that constitute these related. constructs p 49, Furthermore different disciplines rely upon varying definitions of workplace bullying.
In the psychological literature workplace aggression is more typically found and is defined. by Schat and Kelloway 2005 as behavior by an individual or individuals within or. outside an organization that is intended to physically or psychologically harm a worker or. workers and occurs in a work related context p 191 In the legal literature and industrial. relations literature Hoel et al 2006 workplace bullying is more typically found In the. landmark case of Raess v Doescher No 49 S02 0710 CV 424 Indiana Supreme Court. April 8 2008 the case in part turned on the question of the admissibility of Dr Gary. Namie as an expert on workplace bullying and the legal definition of workplace bullying. which did not exist in any statute or case law until the Indiana Supreme Court ruled in favor. of the plaintiff In an analysis of the legal opinion of Raess v Doescher the term. workplace aggression did not come up in a single instance the term human aggression. did not come up in a single instance nor did the term aggression However the term. workplace bullying came up in 22 separate instances Given that this research is based. upon litigated cases we shall adopt the construct used in Raess v Doescher. Employ Respons Rights J, Some may agree with Justice Potter Stewart s famous definition of pornography when he. said I know it when I see it This definition reflects tautological reasoning and does not. guide researchers in advancing scholarship in workplace bullying Browne and Smith. 2008 assert that the definition promulgated by The Workplace Bullying Institute which. prepared the Healthy Workplace Bill now being considered in 29 state legislatures is. considered the universal definition This definition describes workplace bullying as. repeated health harming mistreatment The Workplace Bullying Institute 2009. The Workplace Bullying Definition is conceptually consistent with other definitions. found in the literature This definition includes three important elements 1 frequency 2. impact on health and 3 treating others in a less than preferred fashion according to some. benchmark Hoel et al 2006 assert that the two elements that characterize the many. diverse definitions of bullying are persistent behaviour and unequal power relation. ships p 255 Hoel et al 2006 also note that the concept of power crosses disciplines in. the study of workplace bullying A growing body of empirical evidence demonstrates that. workplace bullying has deleterious health effects both physically and psychologically. Rayner et al 2002 Bowling and Beehr 2006 Nielsen et al 2008 consequences which. shall be addressed in more detail later, The operational definition used in this study is based not only on The Workplace. Bullying Institute definition but further upon the definition offered by Salin 2003 below. and the conceptual framework also posited by Salin 2003 repeated and persistent. negative acts towards one or more individual s which involve a perceived power. imbalance and create a hostile work environment Bullying is thus a form of interpersonal. aggression or hostile anti social behavior in the workplace p 1214. Salin posits a conceptual classification as a way of explaining workplace bullying Salin. 2003 In this classification scheme there are three interrelated structures enabling. structures1 or antecedents motivating structures2 or incentives and precipitating processes3. or triggering circumstances Bullying can thus be understood as the result of an interaction. between three groupings of explanators or at least two of them Salin 2003 page 1226. According to Salin 2003 the enabling structures or antecedents are a necessary condition. for workplace bullying to occur whereas either the motivating structures or the precipitating. processes may occur but not necessarily both Salin s 2003 conceptual classification was. used as the basis to code the characteristics of the litigated cases in our sample which will. be discussed in more detail in the methods section This classification is based upon a. conceptual model which posits that organizations play a role in bullying in three ways. enabling motivating and triggering factors Hoel and Salin 2003 Similar to these three. organizational factors leadership or managerial styles are implicated in some research as. playing roles in bullying Ironside and Seifert 2003 Lutgen Sandvik et al 2007 for. instance a highly authoritarian or laissez faire style Salin 2003 Researchers in the U K. Presence of dissatisfaction frustration with working situation organizational climate Perceived status. incongruence power imbalance Autocratic style of management Low perceived costs for the perpetrator. Laissez faire leadership style Lack of policy against bullying Lack of punishment Bullying seen as a rite of. passage Efficient means of accomplishing tasks, High internal competition Politicized climate Relative ranking incentives rewards Form of discipline for. those who are perceived to violate established production norms Constructive discharge Expected benefits. for perpetrator, Restructuring downsizing crises Organizational changes Changes in management Changes in. composition of work group Cost cutting Reengineering Employees who feel powerless Delegation of. control to semi autonomous teams Promotion of the perpetrator Arrival of a new manager. Employ Respons Rights J, Lewis 2006 and in the U S Rowe and Sherlock 2005 have reported that in some.
instances managers are the source of workplace bullying. Prevalence of Workplace Bullying, Bullying is a pervasive workplace problem Bullying has been reported to occur in. organizations ranging from health care organizations Einarsen et al 1998 to arts. organizations Quigg 2007 Schat et al 2006 acknowledge the dearth of prevalence data. on workplace aggression which they assert is a higher order construct that includes. workplace violence and is thus related to workplace bullying As already highlighted the. focus of this paper is on workplace bullying based primarily upon legal constructs and. secondarily based upon psychological constructs, Numerous epidemiological investigations have been conducted seeking to estimate the. prevalence of workplace bullying U S prevalence data is collected in two major ways. occurrence data using behavioral checklists and self report data Cowie et al 2002. Lutgen Sandvik et al 2007 In the United States there is no generally agreed upon. prevalence statistic To this point Lutgen Sandvik et al 2007 comment that. U S prevalence data is generally lacking and that the data that exists does not measure. the prevalence of the persistent enduring phenomenon of bullying using a tool. specifically designed to measure bullying p 842, Given the limitation regarding estimating workplace bullying prevalence there are. several investigations worthy of attention In one investigation it was found that nearly all. 97 of the respondents all of whom were Hispanic African American and Asian. American experienced bullying at work Fox and Stallworth 2003 In another workplace. bullying investigation with a sample of 262 ethnic and racial minorities in the United. States it was found that 10 2 of the respondents filed a grievance or EEO lawsuit Fox. and Stallworth 2003 According to the Bureau of Labor Statistics 2005 Survey of. Workplace Violence Prevention 2006 one in twenty 5 of all surveyed workplaces. reported an incident of workplace violence in the previous 12 months In this survey. workplace violence was defined as violent acts directed towards a person at work and. included bullying, At the extreme according to the Census of Fatal Occupational Injuries produced by the. Bureau of Labor Statistics 2007 workplace homicide in 2006 was the lowest it has ever. been since 1992 with 516 homicides being reported at work representing a 50 decrease. since the peak number in 1994 The focus of this research however is not on workplace. homicides and not on matters that would be brought to criminal courts The 45 cases in this. study were all civil not criminal cases, Another interesting aspect of reviewing the prevalence of workplace bullying is to.
examine investigations looking at settings where workplace bullying is more likely to. occur such as among public sector employers Unison 2000 Hoel et al 2004 Also in a. meta analytic study Bowling and Beehr 2006 women have been found to more likely be. victims of workplace bullying, Bullying is also a global phenomenon Some researchers Mikkelsen and Einarsen 2001. Zapf and Einarsen 2003 suggest that workplace bullying is more prevalent in the U S due. to the cultural values of the U S which emphasize individuality assertiveness masculinity. and achievement as well as a relatively higher power disparity than is found in. Workplace Bullying A Review of Litigated Cases William Martin amp Helen LaVan Springer Science Business Media LLC 2009 Abstract Using policy capturing methodology this study examined the nature of workplace bullying in a random sample of 45 litigated cases in the United States

Related Books

Codice T I T O L O A U T O R E

Codice T I T O L O A U T O R E

11872 le ceneri di alessandria berry steve 12289 il sigillo dei traditori berry steve 12624 il giorno del giuramento berry steve 12309 curarsi con i libri berthoud ella elderkin susan 10824 il portico berti luciano 10324 l ultimo re l ultima regina bertoldi silvio 10284 le poesie bertolucci attilio 11589 lui che ti tradiva bevilacqua alberto 11692 parma degli scandali bevilacqua alberto

Impulse Response Libraries OwnHammer

Impulse Response Libraries OwnHammer

The mix files in the Summary folder are based on a 57 70 121 mic combination This mix fits somewhere in the middle of the brightness and darkness scale of the OwnHammer pre made mix types There is a single file representing each individual cab speaker combination V30 CAB BLENDS

INTERNATIONAL ISO STANDARD 13485 Home Red Star

INTERNATIONAL ISO STANDARD 13485 Home Red Star

This third edition of ISO 13485 cancels and replaces the second edition ISO 13485 2003 and ISO TR 14969 2004 which have been technically revised It also incorporates the Technical Corrigendum ISO 13485 2003 Cor 1 2009 A summary of the changes incorporated into this edition compared with the previous edition is given in Annex A

Fiche Technique GENTLE BORDER LITE

Fiche Technique GENTLE BORDER LITE

Certifications ISO 9001 ISO 13485 et ISO 14001 Distributeur Smith amp Nephew S A S 92200 Neuilly sur Seine Certification ISO 9001 Contr les du produit fini Produit fini St rilit Int grit du sachet S curit biologique Conforme la norme EN ISO 10993 Evaluation biologique des dispositifs m dicaux

PROJET Aide l appropriation de la norme ISO 13485 2016

PROJET Aide l appropriation de la norme ISO 13485 2016

La norme ISO 13485 est principalement destin e aux tablissements ayant un lien avec le cycle de vie du DM Cf Figure 5 Les tapes de sa conception marquage CE vente maintenance et modification doivent rigoureusement tre d finies C est en cela que la norme ISO 13485 d finit et r pond aux exigences qui impliquent le SMQ pour tous les intervenants dans le cycle de vie de ce DM

ISO 13485

ISO 13485

ISO 13485 refl te par ailleurs les exigences r glementaires croissantes applicables aux organismes de la cha ne d ap provisionnement des dispositifs m dicaux visant Mettre l accent sur la n cessit de se doter d infrastruc tures appropri es notamment pour la production de dispositifs m dicaux st riles et de respecter des exigences suppl mentaires pour la

SE O JUDICI RIA DO ESTADO DE S O PAULO jfsp jus br

SE O JUDICI RIA DO ESTADO DE S O PAULO jfsp jus br

Internet em www jfsp jus br dirigido ao Exmo Sr Juiz a Consultor a Coordenador a Presidente da Comiss o Setorial de Avalia o e Gest o Documental desta Subse o Judici ria de Primeiro Grau em CAMPINAS no prazo de 45 dias contados da publica o do presente Edital 3 Os requerimentos ser o protocolados perante os SETORES DE PROTOCOLO OU DISTRIBUI O LOCALIZADOS NOS F RUNS

INFLU NCIA DO TIPO DE DIISOCIANATO Amazon Web Services

INFLU NCIA DO TIPO DE DIISOCIANATO Amazon Web Services

2 e o catalisador dibutil dilaurato de estanho DBTDL Miracema Nuodex Ind sob atmosfera inerte Atingindo se a temperatura desejada 80 C para TMXDI e 60 C para IPDI foi adicionado lentamente o diisocianato atrav s de um funil de adi o Ap s a temperatura foi elevada at 110 C e procedeu se a rea o fazendo se o controle do residual de NCO atrav s da titula o com n

As PMEs que mais crescem no Brasil As pr ticas das

As PMEs que mais crescem no Brasil As pr ticas das

www deloitte com br O convite para participar do estudo foi enviado por e mail para aproximadamente 16 mil empresas Esse universo de convidados foi complementado por outras organiza es que manifestaram o interesse em participar ap s saberem da exist ncia da pesquisa por meio da divulga o em websites como o da revista Exame PME de an ncios publicit rios de m dias sociais e de

Porous Biodegradable Polyurethane scielo br

Porous Biodegradable Polyurethane scielo br

e mail rorefice demet ufmg br Porous Biodegradable Polyurethane Nanocomposites Preparation Characterization and Biocompatibility Tests Regina Coeli Moreira Diasa Alfredo Miranda G esb Rog ria Serakidesc Eliane Ayresa Rodrigo Lambert Or ficea aSchool of Engineering Department of Metallurgical and Materials Engineering Federal University of Minas Gerais Av Ant nio Carlos 6627

rea Tem tica Administra o Geral XXII SemeAd

 rea Tem tica Administra o Geral XXII SemeAd

Miracema Nuodex Por meio da an lise e identifica o do problema raiz acredita se que a inclus o de uma nova ferramenta poder gerar resultados otimistas para a empresa em quest o Percebe se que o ERP a ferramenta que possibilitar melhoria de todas as etapas