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The Legal Implications of Workplace Bullying
The Legal Implications of Workplace Bullying
Order ID 53003233773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
The Legal Implications of Workplace Bullying
Workplace bullying can have serious legal implications for both employers and employees. It is defined as repeated and unreasonable behaviour that creates a risk to the health and safety of an employee. Bullying can take many forms, including verbal abuse, physical assault, psychological harassment, and exclusion from workplace activities.
Legal Frameworks
Several legal frameworks provide protections against workplace bullying, including employment contracts, labour laws, and human rights legislation. Employers are required to provide a safe workplace and to take steps to prevent and address bullying behaviour. Employees who experience bullying may be able to make complaints to their employer, to a regulatory agency, or to a court or tribunal.
Employment Contracts
Employment contracts may include provisions related to bullying and harassment. These provisions typically set out expectations for workplace conduct, describe the consequences of violating these expectations, and outline the procedures for making complaints. Employees who experience bullying may be able to rely on these provisions to support their claims.
Labour Laws
Labour laws in many jurisdictions provide protections against workplace bullying. For example, in Canada, the Canada Labour Code sets out requirements for employers to prevent and address workplace violence and harassment. These requirements include developing and implementing policies and procedures, training employees and supervisors, and investigating complaints. Similar laws exist in many other countries.
Human Rights Legislation
Human rights legislation also provides protections against workplace bullying. This legislation typically prohibits discrimination on the basis of characteristics such as race, gender, and disability. Some jurisdictions also prohibit discrimination on the basis of other characteristics, such as sexual orientation, gender identity, and age. Workplace bullying may be a form of discrimination if it is based on a prohibited characteristic. Employees who experience discrimination may be able to make complaints to a human rights commission or tribunal.
Employer Liability
Employers may be liable for workplace bullying committed by their employees. This liability can arise under several legal theories, including negligence, vicarious liability, and breaches of statutory duties.
Negligence
Employers have a duty of care to provide a safe workplace for their employees. If an employer fails to take reasonable steps to prevent or address workplace bullying, they may be liable for any resulting harm suffered by their employees. This liability may arise even if the employer did not know about the bullying behaviour.
Vicarious Liability
Employers may also be liable for the actions of their employees under the doctrine of vicarious liability. This doctrine holds employers responsible for the wrongful acts committed by their employees in the course of their employment. If an employee engages in bullying behaviour while carrying out their work duties, the employer may be liable for any resulting harm.
Statutory Duties
Employers may also be liable for breaches of statutory duties related to workplace bullying. For example, if an employer fails to comply with labour laws or human rights legislation related to workplace bullying, they may be subject to fines or other penalties.
Employee Rights
Employees who experience workplace bullying have a number of legal rights. These rights may include the right to a safe workplace, the right to be free from discrimination and harassment, and the right to make complaints without fear of retaliation.
Safe Workplace
Employees have the right to a safe workplace. This includes protection from physical harm as well as psychological harm, such as that caused by bullying. Employers are required to take reasonable steps to prevent and address workplace bullying in order to provide a safe workplace.
Freedom from Discrimination and Harassment
Employees have the right to be free from discrimination and harassment based on prohibited grounds. Workplace bullying may be a form of discrimination or harassment if it is based on a prohibited characteristic. Employees who experience discrimination or harassment may be able to make complaints to a human rights commission or tribunal.
Complaints and Retaliation
Employees who experience workplace bullying have the right to make complaints without fear of retaliation. Employers are prohibited from taking reprisals against employees
The Legal Implications of Workplace Bullying
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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