Workplace bullying is a persistent pattern of mistreatment from others in the workplace that causes either physical or emotional harm. It can include such tactics as verbal, nonverbal, psychological, and physical abuse (Boudrias et. al., 2021). The stress that is triggered by experiences such incidents can lead to devastating outcomes for one's mental and physical wellbeing (Trépanier et. al., 2013). According to Boudrias et. al. (2021), the long-term health problems experienced by victims of bullying result in a sense of helplessness and negative emotional states among employees (s). This has devastating consequences for organizations at all levels because of decreased productivity and morale, increased employee absences, high turnover rates, poor team dynamics, and reduced trust, effort, and loyalty from employees (Naseer & Raja, 2019).
Therapeutic jurisprudence (TJ) can be applied as a framework to prevent and address such issues in the workplace (McKenzie, 2015). TJ is a method through which justice and therapeutic consequences can be achieved. In the case of workplace bullying and harassment, TJ can be an extremely valuable framework for protecting victims and promoting the health and safety of the workplace. According to TJ, legal instruments and processes can be therapeutic and restorative for victims. The most effective dispute resolution strategy is mediation when supported by organizational leaders and operationalized through clear policies and processes (McKenzie, 2015). Mediation, as well as arbitration services, can be provided by qualified legal and clinical professionals with expertise in conflict resolution and emotional intelligence (Boudrias et. al., 2021).
Legal remedies for workplace bullying and harassment can be appropriately addressed when victims and witnesses are able to collate evidence on bullying and harassment incidents. Naseer & Raja (2019) suggest keeping copies of threatening notes, comments, or emails can help prove to bully (e.g., overly harsh commentary on assigned work, inappropriate jokes, etc.). Additionally, keeping a journal of the dates, times, specific location where the bullying took place, the number of people who were in the room, and other relevant details can support legal action. Céleste et. al. (2010) argues that it is the employer's duty to provide workers with information on their rights and responsibilities as it pertains to health and safety in the workplace. Those who receive adequate training and resources are less likely to experience poor outcomes at the individual, interpersonal and organizational levels.
Dr. Vinita Puri, Governor, T.J. Centre AUGP the USA
References
Boudrias, V., Trépanier, S.-G., & Salin, D. (2021). A systematic review of research on the longitudinal consequences of workplace bullying and the mechanisms involved. Aggression and Violent Behavior,56. https://doi.org/10.1016/j.avb.2020.101508
Céleste M. Brotheridge, & Raymond T. Lee. (2010). Restless and confused: Emotional responses to workplace bullying in men and women. Career Development International, 15(7), 687–707.
McKenzie, D. M. (2015). The role of mediation in resolving workplace relationship conflict. International Journal of Law and Psychiatry, 39, 52–59. https://doi.org/10.1016/j.ijlp.2015.01.02
Naseer, S., & Raja, U. (2019). Why does workplace bullying affect victims' job strain? Perceived organization support and emotional dissonance as resource depletion mechanisms.
Current Psychology: A Journal for Diverse Perspectives on Diverse Psychological Issues. https://doi.org/10.1007/s12144-019-00375-x
Trépanier, S.-G., Fernet, C., & Austin, S. (2013). Workplace bullying and psychological health at work: The mediating role of satisfaction of needs for autonomy, competence and relatedness. Work & Stress, 27(2), 123–140. https://doi.org/10.1080/02678373.2013.782158
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