Workplace Bullying – Supreme Court’s decision introduces a higher threshold to be met by Plaintiff’s in establishing their claim.
A recent Supreme Court decision, Ruffley v Board of Management of St Anne’s School [2017], IESC 33, has set a benchmark for future bullying cases. The unanimous decision has established a higher threshold in determining the factors consistent with bullying in the workplace.
For workplace bullying to occur, the behaviour must be:
(a) Repeated
(b) Inappropriate
(c) Capable of undermining the Plaintiff’s dignity at work
The Court offered some guidance on the three pronged test by linking the three separate elements of the test, commenting that “these terms take their colour from each other and the concepts are incremental”. The Court cautioned against viewing the three elements of the test as separate and self-standing although stipulating that each separate element is met. For example, repeated conduct must be inappropriate conduct undermining the individual’s dignity at work and not an isolated incident.
The Court also offers useful guidance in determining that inappropriate behaviour does not need to breach fair procedures or be unlawful – but rather behaviour deemed inappropriate at a human level. Therefore, clearly making a distinction between unfair procedures and workplace bullying.
If you require any advice in relation to the above, please contact Eoin MacKessy and Jessica Moloney in our Employment Team on 01 6785199 or 021 425 4100.