Occupational

Stress

Cases on Stress I A number of cases have been successfully taken in the UK and Ireland, for the consequences of stress. The leading UK case involved a nervous breakdown brought on by overwork. The employer had failed to take steps to reduce the workload or provide the appropriate support.… Read the rest

Statutory Duties

Negligence and Statutory Duty Where there has been a workplace accident, the employer may be liable to compensate the employee on the basis of negligence and / or breach of a specific statutory duty. Both are often claimed together or in the alternative.… Read the rest

Pschological Injurues

Civil Liability for Stress An employer must take care, not only for its employees’ physical health but must also protect them against mental injury and factors which would cause it, such as stress, harassment and bullying in employment.… Read the rest

Liability Issues

Standard Required in Negligence The duty applies as between the particular employer and the particular employee. What the duty requires will depend on the circumstances. The nature and extent of the duty may vary with the employee’s age, knowledge and experience.… Read the rest

General Issues

Employer’s Liability Overview Employers owe duties to take care for the health, safety and welfare of their employees. When a workplace accident occurs, it will often be attributed to the breach by the employer of his common law and / or statutory duties, in which case the employee must be compensated for the loss and damage that arises.… Read the rest

Employees’ Duties

Statutory Duties I Employees have duties at common law to take care in the workplace for their own health, safety and welfare and that of their fellow employees. The health, safety and welfare at work legislation also imposes obligations on employees.… Read the rest

Common Law Duties

Employer’s Liability The ordinary principles of negligence apply to workplace injuries and occupational diseases. The employer’s duty to take care is not usually an absolute duty. It is a duty to take reasonable care. Issues may also arise in relation to whether an employee’s injuries could not have been reasonably foreseeable.… Read the rest

Bullying

HSA Code on Bullying I The Health and Safety Authority Code of Practice on the prevention and resolution of bullying at work provides guidance for employers in identifying and preventing bullying at work, in the context of their duties under Health Safety and Welfare at Work legislation.… Read the rest