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Court Ruling - Job insecurity / stress led to death
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Posted By Descarte
Ok its not a UK case, however it does raise an important and often over-looked issue of general job insecurity in the modern climate and insecurity in contract and temporary working.
"A court ruled Tuesday that an employer should compensate for the death of a female non-regular worker caused by stress from job insecurity."
http://www.koreatimes.co...n/2009/09/113_51081.html
Temporary workers are often seen as a cheaper, hassle free resource as companies can have limited responsabilities for holiday, sickness, pension etc and are able extend short term contracts till they are no longer required or terminate at short notice.
If this outcome / ruling were to occur in the UK, could this have a knock on effect to the percieved benefit / risk of employing temporary contract workers?
Sorry for the post of a random news story, but hopefully this one has a ounce more H+S relevence than the usual ones.
Des
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Posted By martinw
Imagine if this set a precedent in the UK? There is already an ambulance chasing industry asking if you have been injured in an accident at work or on the road that wasn't your fault. It is a real shame that someone died but having to pay compensation to someone's family when the person was stressed then died due to job insecurity is a step too far in my opinion. Causality linking is just too much of a leap to take in this one. Just my opinion.
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Posted By Raymond Rapp
I recall a similar ruling recently in the UK where the court ruled in favour of the defendant. Anyway, I can't bring myself to agree with the ruling, tragic though the outcome was. Yes, employers do take advantage of more relaxed rules for temporary workers. It is not the fault of the employer. God knows they have enough restrictions as it is. Rather, it is the law, if any fault should be apportioned.
Ray
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Posted By Kieran J Duignan
Des
Look not to Korea but simply look at the record of your own education and training in relation to your own workplace as you consider the relevance of the issue you raise.
The issue you raise effectively underlines the significance of two kinds of concerns relevant to practice of occupational safety and health, for 'job insecurity' is not the only hazard relevant to intolerable work-related stress beyond the capabilities of many employees.
One is the quality of risk assessment; a recent court case involved Cheltenham Council and a former chief executive who allegedly concealed information about a previous history of depression prior to her appointment. After her departure from her post, she won litigation about her settlement but at a substantial cost.
The other question concerns the quality of assessment of risks at the stage of appointment. What proporation of OSH practitioners are competent to assess the stress-resilience of applicants and to advise on compliance with fair discrimination in cases where questions arise about stress-frailty? What instruments would you use to advise management about risks in these areas?
Recall the case in Intel in Swindon where the employer rejected the pleas of an overstressed employee (supported by her line manager) no less than 14 times, before the drama was brought to a close by her attempted suicide. The court reports provide no record of the advice of safety and health practitioners in this instance (but repeatedly recount the failure of HR to give due weight to the pleas of the stressed-out employee).
When are OSH practitioners going to learn to adequately address the relevant work-related stress issues in the UK and Ireland, before they comment on those in Korea?
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Posted By martinw
Kieran
what, if any, health and safety practitioner interventions took place in the cases you mentioned above? One case deals with deception from the employee with sad results, the other with reticence from HR. Then on to the lawyers, I imagine. Why is it a H&S failing not to realise that an applicant is hiding information from you at the recruitment stage?
This area really falls within your specialism, so should it not be someone like me asking what you are doing about it?
Korea was just a point to start the conversation going, which it did, and Des asked a valid question.
Martin
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Posted By Jim999
Very relevant to H & S particularly in the UK where Employers duty of care extends to Mental health e.g. The employer may be using the threat of redundancy as a coercive tool to increase productivity or reduce sick rates. This would have a detrimental impact on the mental health of the employees and as we all know stress is a major cause of 'heart attacks'
Something H@S professionals should keep an eye on particularly in the current economic climate.
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Posted By Bob Youel
Before we judge or give an opinion can we look towards ourselves and ask 'have I been a temp and / or an employer' because if you have not been either you will not know the pressures involved
In my opinion many people deliberately use situations to drive down pay and problems in their work place by ensuring insecurity as a secure workforce is also a strong workforce - All that said we can get to soft and be taken advantage of; so all in all its a balance and if there is a real and strong connection between one act and another then justice should prevail
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