BULLYING OR DISCRIMINATION ?

BULLYING OR DISCRIMINATION

As a mediator and sometimes McKenzie Friend I am often invited to help in cases of conflict. The text below may be useful to people experiencing bullying or discrimination

Bullying and discrimination are two distinct forms of mistreatment in the workplace, although they can sometimes overlap. Understanding the differences between the two can help identify and address issues effectively.

Bullying: Workplace bullying refers to repeated, unreasonable actions directed towards an employee or a group of employees, intending to degrade, humiliate, or undermine their performance. Bullying can take various forms, such as verbal or physical abuse, social exclusion, excessive criticism, or spreading rumors. It is important to note that bullying is typically characterized by a pattern of behavior rather than isolated incidents.

Discrimination: Discrimination in the workplace occurs when an employee or a group of employees is treated unfairly based on specific protected characteristics, such as age, race, sex, disability, religion, or sexual orientation. Discrimination can manifest in various ways, including hiring, promotion, termination, compensation, or work conditions, and is prohibited by law in most countries.

Relevant Legal Cases:

1. Green v. The Brennan Group, Inc. (2012): In this case, the plaintiff claimed that she was subjected to discrimination based on her race and sex, as well as retaliation for reporting the discrimination. The court found in favor of the plaintiff, awarding her $1.62 million in damages.

2. Lockwood v. FedEx Freight, Inc. (2016): The plaintiff alleged that he was subjected to bullying and harassment based on his age and disability, creating a hostile work environment. The court ultimately ruled in favor of the plaintiff, awarding him $1.5 million in damages.

3. EEOC v. AA Foundries, Inc. (2013): The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against AA Foundries, Inc., alleging racial harassment and a hostile work environment. The EEOC claimed that African American employees were subjected to racial slurs and a noose displayed in the workplace. The court ruled in favor of the EEOC, and the company was ordered to pay $200,000 in damages and implement anti-discrimination training.

Relevant UK Legal Cases:

A. Bărbulescu v. Romania (2017): In this case involving workplace privacy, the European Court of Human Rights held that an employee's right to privacy under Article 8 of the European Convention on Human Rights had been breached when the employer monitored his personal messages on a work account. While this case does not specifically concern bullying, it highlights the importance of workplace privacy and the potential for abuse.

B. Williams v. Compair Maxam Ltd. (1982): This UK case involved an employee who suffered from workplace bullying and harassment due to his trade union activities. The court ruled in favour of the employee, finding that the employer's conduct amounted to constructive dismissal.
 

C. Essa v. Laing Ltd. (2004): In this case, the employee claimed racial discrimination after being subjected to racial harassment by coworkers. The Court of Appeal held that the employer was liable for the harassment as it had failed to take reasonable steps to prevent it.

While these cases highlight specific instances of discrimination and bullying, it is crucial to remember that each situation is unique, and the outcomes of legal cases depend on the specific facts and circumstances. Employers should prioritize creating a safe and inclusive work environment by implementing policies and training to prevent bullying and discrimination and address any concerns promptly and fairly.

THE ROLE OF A MCKENZIE FRIEND

A "McKenzie Friend" is a term used in the legal system to describe someone who assists a litigant in person (a person representing themselves in court without a lawyer) during court proceedings. The term comes from a British legal case, McKenzie v. McKenzie (1970), where a litigant wanted a friend to assist him in court but was denied. The subsequent appeal established the concept of a McKenzie Friend.

A McKenzie Friend is not a legal representative or a professional lawyer, and they do not have the right to act on behalf of the litigant or address the court directly. However, they can provide moral support, take notes, help organize documents, and offer advice on legal matters, court rules, and procedures. Their main role is to assist the litigant in presenting their case effectively.

It is essential to note that the decision to allow a McKenzie Friend to assist during court proceedings is at the discretion of the judge, and they can be asked to leave if their behavior is considered inappropriate or disruptive.

In summary, a McKenzie Friend is an individual who provides support and assistance to someone representing themselves in court. They are not legal professionals and cannot act as legal representatives, but they can help the litigant navigate the legal process and better present their case.