Dealing with Workplace Bullying and Harassment

Workplace bullying and harassment can severely impact employee well-being, workplace morale, and productivity. In New Zealand, these issues are recognised as significant health and safety risks, with comprehensive legal protections in place to support employees. As an employee-only advocacy organisation, Employee First NZ is dedicated to empowering workers to recognise, address, and escalate bullying and harassment effectively. This guide, informed by New Zealand’s employment law and recent research, equips employees with the knowledge and tools to navigate these challenges confidently while fostering respectful workplaces.

Understanding Workplace Bullying and Harassment

Defining Bullying

Workplace bullying, as defined by WorkSafe New Zealand, involves repeated and unreasonable behaviour directed at an employee or group that risks physical or psychological harm. Such behaviour includes humiliation, intimidation, or victimisation. Key characteristics include:

• Repetition: The behaviour occurs persistently over time.

• Unreasonableness: Actions are deemed inappropriate by a reasonable person’s standards.

• Harm: The conduct causes stress, anxiety, or other psychological or physical impacts.

Examples include verbal abuse, exclusion, malicious gossip, or imposing unreasonable workloads.

Defining Harassment

Harassment involves unwelcome behaviour that offends, humiliates, or belittles, adversely affecting an employee’s job satisfaction or performance. It may be general or specific, with categories including:

• Sexual Harassment: Under the Employment Relations Act 2000, this encompasses unwelcome sexual advances or conduct with implied or explicit promises or threats concerning employment conditions.

• Racial Harassment: Protected by the Human Rights Act 1993, this involves offensive behaviour targeting race, colour, or ethnicity.

• General Harassment: Includes repeated derogatory remarks or hostility based on characteristics such as age, gender identity, or appearance, though not always explicitly legislated.

Prevalence in New Zealand

Research highlights the widespread nature of workplace bullying and harassment in New Zealand. A 2023 Massey University study revealed that over 90% of employees experienced some form of bullying in the past year, with nearly 25% facing monthly incidents. A 2023 Human Rights Commission report estimated that these issues cost New Zealand employers NZ$1.5 billion annually due to reduced productivity, increased absenteeism, and complaint resolution expenses.

Legal Protections in New Zealand

New Zealand’s employment law framework provides robust safeguards to protect employees from bullying and harassment, ensuring accountability for employers and accessible recourse for workers.

Health and Safety at Work Act 2015

The Health and Safety at Work Act (HSWA) mandates that employers, as persons conducting a business or undertaking (PCBUs), eliminate or minimise workplace risks, including psychosocial hazards like bullying and harassment, as far as reasonably practicable. Failure to address these risks may prompt WorkSafe investigations or penalties.

Employment Relations Act 2000

The Employment Relations Act (ERA) requires good faith in employment relationships, obligating employers to address bullying complaints fairly and promptly. Employees can raise personal grievances for unjustified disadvantage or constructive dismissal resulting from bullying. The ERA also provides specific protections against sexual harassment, with extended timeframes for raising related grievances following the 2023 Employment Relations Amendment Act.

Human Rights Act 1993

This Act prohibits harassment based on protected characteristics such as race, sex, or religion. Employees experiencing discriminatory harassment can seek resolution through the Human Rights Commission.

Harassment Act 1997

When bullying or harassment escalates to threats against personal safety, employees may pursue civil or criminal remedies, including restraining orders, under the Harassment Act.

Recent Legal Developments

In 2024, cases such as Parker v Magnum Hire Limited demonstrated the Employment Relations Authority’s growing recognition of bullying’s impact, with substantial compensation awards for emotional harm and constructive dismissal. This reflects an increasing judicial emphasis on accountability for workplace misconduct.

Recognising Bullying and Harassment

Employees must be proactive in identifying problematic behaviours. Common signs include:

• Verbal Abuse: Persistent insults, sarcasm, or derogatory remarks.

• Exclusion: Deliberate omission from communications, meetings, or social activities.

• Intimidation: Threats to job security or personal safety.

• Unfair Work Practices: Being overburdened with work or denied opportunities without justification.

• Psychological Impact: Experiencing stress, anxiety, or reduced confidence due to workplace interactions.

While single incidents may not always constitute bullying, they can be actionable if severe or discriminatory, such as racial or sexual harassment.

Taking Action Against Bullying and Harassment

Employee First NZ, as an employee-only advocacy organisation, supports workers in taking proactive steps to address workplace bullying and harassment. The following approach provides a structured path forward:

Document Incidents

Maintain a detailed record of all incidents, including dates, times, individuals involved, and the impact on your well-being. This documentation is essential for internal complaints or legal proceedings.

Review Workplace Policies

Examine your employment agreement and workplace policies to understand your rights and the employer’s complaint procedures. Employers are legally required to maintain clear guidelines for addressing bullying and harassment.

Address Directly (If Appropriate)

If safe and feasible, calmly discuss the behaviour with the individual, explaining its impact and requesting they stop. This approach may not be suitable for cases involving managers or severe misconduct.

Report Internally

Raise the issue with your manager, HR, or a designated workplace contact. If the perpetrator is your manager, escalate to a higher authority or seek support from Employee First NZ or a union representative. Employers must investigate complaints promptly and confidentially.

Seek Support

Access workplace support services, such as Employee Assistance Programmes (EAPs), or External Helplines. Culturally appropriate support is crucial for groups like Māori, Pasifika, or Asian workers, who may face unique challenges.

Escalating Unresolved Issues

If internal processes fail or the employer does not act adequately, employees can escalate the matter through external channels, with support from Employee First NZ:

Employment New Zealand Early Resolution

This free, confidential service facilitates informal resolution of workplace disputes, ideal for addressing bullying early.

Mediation Services

Employment New Zealand’s mediation service offers impartial, voluntary resolution to reach mutually agreeable outcomes.

Personal Grievance

Under the ERA, employees can file a personal grievance for bullying-related unjustified disadvantage or constructive dismissal, typically within 90 days, with extended periods for sexual harassment. In 2023, the Employment Relations Authority handled 70 bullying-related cases, underscoring its role in resolving such disputes.

Human Rights Commission

For harassment involving discrimination, employees can contact the Human Rights Commission for advice and resolution, particularly for racial or sexual harassment.

WorkSafe New Zealand

If bullying poses a health and safety risk, employees can report to WorkSafe, which investigated 199 bullying complaints in 2023, notably in sectors like healthcare and construction.

Legal Recourse

For severe cases, including criminal harassment, employees can contact the police (111 for immediate danger) or seek legal advice through Employee First NZ, unions, or Community Law Centres. The Harassment Act allows for restraining orders in cases of civil harassment.

Employer Responsibilities and Workplace Culture

Employers are legally obligated to:

• Develop clear anti-bullying and harassment policies.

• Provide training on appropriate workplace behaviour.

• Establish accessible reporting mechanisms.

• Investigate complaints promptly and fairly.

Employee First NZ advocates for workplaces that prioritise respect and inclusivity. Employees can contribute by promoting positive behaviours and supporting colleagues. Research indicates that proactive management and clear policies significantly reduce bullying incidents.

Supporting Vulnerable Groups

Māori, Pasifika, Asian, and migrant workers face elevated rates of harassment, particularly racial harassment. A 2023 Human Rights Commission report noted that 66% of Chinese, 63% of Filipino, and 56% of Indian workers experienced racial harassment. Employers must provide culturally appropriate support, such as tailored EAPs, to address these disparities effectively.

Conclusion

Workplace bullying and harassment are critical issues in New Zealand, with significant personal and economic consequences. Employee First NZ, as an employee-only advocacy organisation, is committed to supporting workers in navigating these challenges through informed action and robust legal protections under the HSWA, ERA, and Human Rights Act. By recognising signs, documenting incidents, and escalating issues when necessary, employees can advocate for their well-being and contribute to a respectful workplace culture.

For support, contact Employee First NZ for FREE Advice or access resources through Employment New Zealand or WorkSafe. Let’s create a fairer, stronger and safer workplace together.