Violence, Bullying and Management: How Do the Courts Address Psychosocial Risks at Work?

Abstract

It is easy to recognise and accept that certain occupational roles, jobs and employment sectors are difficult, or even hazardous, but harder to see how work organisation impacts on employee health. However, alongside the most publicised kinds of workplace violence, like physical or verbal violence and psychological or sexual harassment, there are other, more insidious, forms that may have a serious impact on both the social environment within the organisation and employees' mental and physical health. Managers have a general duty to ensure the health and safety of employees and this includes preventing 'managerial violence', considered a psychosocial risk, just like workplace stress. Management decisions undoubtedly affect employees and the social environment at work, but, unfortunately, the legal system has been slow to recognise how managerial violence may constitute a psychosocial risk. We shall, therefore, examine the manifestations of managerial violence recognised by the French courts and the legal arguments presented. The implementation of the management methods and staff appraisals responsible for managerial violence involve both managerial harassment and procedures for evaluating and managing employee performance as used—and challenged—in some companies. (PsycINFO Database Record (c) 2017 APA, all rights reserved)