Recent Developments in the Law of Torts in Northern Ireland Annual Conference of the Irish Association of Law Teachers

This paper reviews decisions from the Northern Ireland and England and Wales High Courts and Courts of Appeal as well as the UK Supreme Court relating to tort and principally to the tort of negligence in the past 12 months or so.

In structure, the paper will be presented in four parts. First, three preliminary points relating to contemporary features of the NI civil courts: personal litigants – Devine v McAteer [2012] NICA 30 (7 September 2012); pre-action protocols – Monaghan v Graham [2013] NIQB 53 (3 May 2013); and the rise of alternative dispute resolution. On the last named issue, the recent decision of PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288 (23 October 2013) on unreasonable refusal to mediate, will be discussed.

Second, the paper moves to consider the law of negligence generally and case law from the NI High Court reiterating Lord Hoffmann’s view in Tomlinson v Congleton Borough Council [2004] 1 AC 46 that no duty of care arises from obvious risks of injury. In this, reference will be made to the application of the above “Hoffmann principle” in West Sussex County Council v Pierce [2013] EWCA Civ 1230 (16 October 2013), which concerned an accident sustained by a child at school. A similar set of facts was presented recently to the UK Supreme Court in Woodland v Essex County Council [2013] UKSC 66 (23 October 2013). The decision there, on non-delegable duties of care, will have a significant impact for schools in the provision of extracurricular activities.

Third, I will review a NI case of note on the duty of care of solicitors in the context of professional negligence in the context of conflicting advice by counsel.

Fourth, I will examine a series of cases on employer liability and including issues such as the duty of care towards the volunteer worker; tort and safety at work principles generally; and, more specifically, the duty of care of the employer towards an employee who suffers psychiatric illness as a result of stress and/or harassment at work. On the issue of workplace stress, the NI courts have made extensive reference to the Hale LJ principles found in the Court of Appeal decision of Hatton v Sutherland [2002] 1 All ER 1 and applied to those who have suffered trauma in reporting on or policing “the troubles” in Northern Ireland. On the issue of statutory harassment at work, the paper will also mention the UK Supreme Court’s decision in Hayes v Willoughby [2013] UKSC 17 (20 March 2013).

Les demandes du travail et l'épuisement émotionnel : l'influence de la qualité de la relation d'encadrement LMX

Ce mémoire vise à vérifier l’effet modérateur de la relation d’encadrement LMX sur la relation entre les demandes du travail et l’épuisement émotionnel. Nous avons d’abord étudié la relation d’encadrement LMX et ses effets multiples, particulièrement sur le stress. Nous avons envisagé le LMX comme une ressource qui peut atténuer les effets des demandes du travail (conflit, surcharge et l’ambiguïté de rôle) sur l’épuisement émotionnel, et ce, avec comme fondement théorique le modèle des tensions du travail de Karasek (1979). Pour vérifier notre modèle, nous avons procédé à une analyse secondaire de données recueillies dans le cadre provenant d’une étude précédente réalisée à l’Institut de gériatrie de l’Université de Sherbrooke en 1996. Des analyses descriptives nous ont permis de valider deux de nos trois principales hypothèses à l’effet que le LMX agit comme modérateur sur la relation entre les demandes du travail et l’épuisement émotionnel. En effet, les résultats montrent que plus le LMX est de qualité, moins les relations entre le conflit de rôle et l’épuisement émotionnel ainsi qu’entre la surcharge de rôle et l’épuisement émotionnel sont significatives. Toutefois, nos résultats indiquent que plus le LMX est de qualité, plus l’effet de l’ambiguïté de rôle est relié à l’épuisement émotionnel.

Problems experienced by students on field placement: using research findings to inform curriculum design and content

Recent recognition of workplace learning from within the University sector has resulted in more emphasis being placed on including field experiences in course curriculum across a range of disciplines. This article begins with a short review of the literature relating to the current context in which work-based learning occurs. Next, selected findings from a survey of 39 Victorian social work students on their experiences of placement learning are reported. The survey focused on problems encountered by students on placement. A number of the problems students faced suggested the need for additional opportunities both before and during the placements to engage with material on safety in the field, and ways to deal with workplace stress and conflict. In response to these issues the article summarises some pedagogical strategies that may be used to enhance student learning in these areas both leading up to and during their field placements. In addition to matters relating to safety and stress, financial pressures were evident for students endeavouring to complete field placements. The recent moves from universities to embrace industry based learning, clearly has implications for funding support made available to students undertaking this type of education.

Separation of conjoined twins: experiences of perioperative nurses and their recommendations

Background: Within an 8-month period, an unprecedented and historical first in Queensland, Australia, the perioperative nurses were members of teams involved in the surgical separation of two sets of conjoined twins. Little is known about the (dis)stress that some of these perioperative nurses experienced nor how best to support them during such experiences.

Aim: The aim of this paper is to report on the qualitiative study that explored the experiences of those perioperative nurses involved in the surgical separation of cojoined twins and from their stories propose recommendations to support perioperative nurses who are confronted with such workplace experiences.

Methods: Using a narrative methodology, nine perioperative nurses shared their stories of being involved in the surgical separation of conjoined twins in Australia. Narrative and thematic analyses were conducted and recommendations to support perioperative nurses through workplace (dis)stress were identified. Participants validated the findings and recommendations.

Findings: The analyses revealed the themes of professionalism, teamwork, 'them vs. us' and emotional loads.

Discussion: The sensationalism around the rarity of conjoined twins brought an intensive intrusiveness from the world media. As a result, secrecy within the hospital about the conjoined twin cases created divisions between those perioperative nurses on the teams and those not. The processes and outcomes of the two surgical cases were in contrast to each other. For some perioperative nurses this caused distress. It is essential that professional support is offered in a way in which the perioperative nurse can take it up without fear of negative judgement.

Burnout in the caring nurse: learning resilient behaviours

This paper reviews current literature to offer a discussion related to burnout, an issue that affects the entire healthcare sector, including nurses and patients. Literature suggests a correlation between moral distress and burnout in nurses. These issues are considered to be current and affect recruitment and retention of nurses. The authors propose supporting nurses by using knowledge of resilient behaviours as a means of transcending burnout and workplace stress. The authors believe that this process can be achieved through existing hospital professional development processes, for example supervision, reflective practice, in-service education and other forms of professional development.

Team clinical supervision in acute hospital wards : a feasibility study

Clinical supervision provides a strategy to mitigate nurses’ workplace stress and enhance retention, but the literature provides little guidance about its implementation beyond mental health nursing. This study explored the feasibility of implementing and evaluating ward-based team clinical supervision for general nurses on two separate wards at one public and one private hospital. Nurses completed the Work Environment Questionnaire pre- (n = 36) and post intervention (n = 27), and focus groups (n = 20) explored their perceptions of supervision. Staff were unfamiliar with clinical supervision, so information sessions were required. The questionnaire may not have been suitable to evaluate this type of intervention. Focus group findings revealed that team supervision improved communication, enhanced working relationships, and empowered nurses to challenge existing practices, which had a positive impact on their perceived stress. This study provides insights to guide implementation and evaluation of clinical supervision in acute settings.

Communication as coping; how staff working in public housing use narrative to understand their complex and sometimes challenging work.

This paper describes how ethnographic research was used to explore the communication practices of staff working organisation charged with the provision of low cost housing to some of the very poorest and most marginalised members of society in Victoria, Australia. This paper is concerned with how the narratives of the participants (that is, their ‘stories’) provides a very useful and potent insight into the daily life of staff working with people experiencing ‘multiple and complex needs’. The paper uses vignettes and case studies to illuminate the daily work of staff, sharing with the reader the things they see and hear and describing the complexity of the ‘wicked’ problems they face. More importantly, the research uncovered a number of narrative structures staff employ to understand and respond to these problems.

Job-related strain and sexual health difficulties among heterosexual men from three european countries: The role of culture and emotional support

Introduction. Epidemiological evidence for the association between job-related stress and sexual difficulties in men is largely lacking. Little is known about the factors that may mediate or moderate this relationship. Aim. This study analyzes the association between job-related difficulties and men’s sexual difficulties. Main Outcome Measures. Job-related difficulties were measured by 10 yes/no questions that addressed a range of adverse workplace situations. The experience of sexual difficulties in the past 12 months was assessed by using seven dichotomous indicators developed in the National Study of Sexual Attitudes and Lifestyles (NATSAL) 2000. Method. Analyses were carried out using data from a 2011 online study of Portuguese, Croatian, and Norwegian men (N = 2,112). Multivariate logistic regression and mediation analysis were used to test the hypothesized association. Results. Men with job-related concerns reported lower sexual satisfaction than men without such concerns did (F = 7.53, P < 0.001). Multivariate analysis confirmed the association between job-related and sexual health concerns. The odds of experiencing one or more sexual health difficulties in the past 12 months were about 1.8 times higher among men who reported the highest levels of workplace difficulties than among men who experienced no such difficulties. The odds of reporting sexual health difficulties were significantly reduced by a higher income (adjusted odds ratio [AOR] = 0.87, P < 0.01), emotional intimacy with one’s partner (AOR = 0.93, P < 0.001), having children (AOR = 0.62–0.66, P < 0.01), and country-specific effects (AOR = 1.98–2.22, P < 0.001). In all three countries, the relationship between job-related and sexual health difficulties was mediated by anxiety and depression. Conclusions. The findings suggest that negative mood is the mechanism behind the association between workplace strain and sexual difficulties. Emotional support, such as couple intimacy and fatherhood, can reduce—independently from sociocultural and socioeconomic factors—the risk of sexual health concerns.

E-mail in the workplace : the role of stress appraisals and normative response pressure in the relationship between email stressors and employee strain

In many organizations, e-mail is an effective and dominant workplace application tool; however, research identifying its role as a potential workplace stressor remains limited. Utilizing the Transactional Model of Stress (Lazarus & Folkman, 1984), 215 full-time administrative and academic staff at a university were surveyed about workplace e-mail. The aim was to study the effects of potential e-mail stressors on emotional exhaustion as mediated and moderated by person and situation variables. Results indicated that 2 distinct e-mail stressors—high quantity and poor quality (in terms of high emotionality and ambiguity) of workplace e-mail—were associated both with stress appraisals (e-mail overload and e-mail uncertainty) and with emotional exhaustion. Furthermore, the effects of the 2 e-mail stressors on emotional exhaustion were mediated by appraised e-mail overload. Perceived normative response pressure—a relevant aspect of the specific work environment—added to the explanation of emotional exhaustion and accentuated the positive effect of e-mail ambiguity on emotional exhaustion, although effects involving normative response pressure were not explained by the stress appraisals.

A lifespan perspective on emotion regulation, stress, and well-being in the workplace

Researchers in the field of occupational stress and well-being are increasingly interested in the role of emotion regulation in the work context. Emotion regulation has also been widely investigated in the area of lifespan developmental psychology, with findings indicating that the ability to modify one's emotions represents a domain in which age-related growth is possible. In this chapter, we integrate the literatures on aging, emotion regulation, and occupational stress and well-being. To this end, we review key theories and empirical findings in each of these areas, summarize existing research on age, emotion regulation, and stress and well-being at work, and develop a conceptual model on how aging affects emotion regulation and the stress process in work settings to guide future research. According to the model, age will affect: (1) what kinds of affective work events are encountered and how often; (2) the appraisal of and initial emotional response to affective work events (emotion generation), and; (3) the management of emotions and coping with affective work events (emotion regulation). The model has implications for researchers and practitioners who want to understand and facilitate successful emotion regulation and stress reduction in the workplace among different age groups.

Book Review - Social Work Under Pressure: How to Overcome Stress, Fatigue and Burnout in the Workplace

Book review: Social Work Under Pressure: How to Overcome Stress, Fatigue and Burnout in the Workplace, by Kate van Heugten, London and Philadelphia, Jessica Kingsley Publishers, 2011, 224 pp., 

The role of workplace health promotion in addressing job stress

The enormous human and economic costs associated with occupational stress suggest that initiatives designed to prevent and/or reduce employee stress should be high on the agenda of workplace health promotion (WHP) programmes. Although employee stress is often the target of WHP, reviews of job stress interventions suggest that the common approach to combating job stress is to focus on the individual without due consideration of the direct impacts of working conditions on health as well as the effects of working conditions on employees' ability to adopt and sustain ‘healthy’ behaviours. The purpose of the first part of this paper is to highlight the criticisms of the individual approach to job stress and to examine the evidence for developing strategies that combine both individual and organizational-directed interventions (referred to as the comprehensive approach). There is a risk that WHP practitioners may lose sight of the role that they can play in developing and implementing the comprehensive approach, particularly in countries where occupational health and safety authorities are placing much more emphasis on identifying and addressing organizational sources of job stress. The aim of the second part of this paper is therefore to provide a detailed description of what the comprehensive approach to stress prevention/reduction looks like in practice and to examine the means by which WHP can help develop initiatives that address both the sources and the symptoms of job stress.

Reducing stress in the workplace : an evidence review : full report

Job stress is a large and growing concern in Australia and internationally. This report presents a current snapshot on job stress concepts and measures, an overview of the evidence linking job stress to ill health, estimates of the size of the problem, the benefits of reducing job stress, a summary of the intervention research on ways to prevent and control job stress, an outline of international best practice in job stress intervention and resources for workplace stakeholders to support efforts to implement best practice.

Reducing stress in the workplace: an evidence review: summary report

Job stress is a large and growing concern in Australia and internationally. This report presents a current snapshot on job stress concepts and measures, an overview of the evidence linking job stress to ill health, estimates of the size of the problem, the benefits of reducing job stress, a summary of the intervention research on ways to prevent and control job stress, an outline of international best practice in job stress intervention and resources for workplace stakeholders to support efforts to implement best practice.