Employers’ Liability for Bullying and Harassment - International Journal of Comparative Labour Law and Industrial Relations View Employers’ Liability for Bullying and Harassment by - International Journal of Comparative Labour Law and Industrial Relations Employers’ Liability for Bullying and Harassment 21 4

Abstract: This article examines the application of tort principles to the question of an employer?s liability for the psychological effects of bullying and harassment in the workplace in Ireland, comparing the position in the UK. It notes the difference in approach taken in these countries to the duty to avoid negligently inflicted psychiatric harm. It then goes on to examine the limited jurisprudence on intentionally inflicted emotional distress, looking briefly at US jurisprudence in respect of potential development of the law in Ireland and the UK. Finally it examines vicarious liability, including recent Canadian developments, that are proving to be instructive.

International Journal of Comparative Labour Law and Industrial Relations