Jurisdictions and Causes of Action in Bullying, Stress and Harassment Cases Part 1

This is the first of a two part article in which the author will critically evaluate the different causes of action and myriad of jurisdictions for bringing a claim in the inter-related fields of bullying, stress and harassment in the workplace from a commercial law perspective. The author will define and trace the separate headings under which the law governing bullying, stress and harassment has evolved. In the second part of the article (which willappear in the next edition of the journal), the author will examine recent developments in tortious claims for psychiatric injuries arising from bullying, stress and harassment cases, and raise the question whether it would be more appropriate to streamline and codify this area of law in order to provide greater clarity to potential litigants and employers.