Bullying and Harassment at the Workplace

At Employee First NZ, we understand the impact of workplace bullying and harassment on your well-being and job performance. We empower you to address workplace challenges confidently, ensuring your rights are protected and your voice is heard. Below, we outline what bullying and harassment are, your rights as an employee, and how Employee First NZ can assist you in navigating these issues effectively.

What is Workplace Bullying and Harassment?

Workplace bullying and harassment are serious health and safety risks that can harm your mental and physical well-being. These behaviours can occur at any level of a workplace, from managers to co-workers, and even involve clients or customers. Below, we define these issues to help you identify them:

• Workplace Bullying: Repeated and unreasonable behaviour directed towards an employee or group that can cause physical or mental harm. This includes:

  • Direct Personal Attacks: Belittling remarks, ridicule, verbal abuse, or physical intimidation.

  • Indirect Task-Related Attacks: Setting unachievable tasks, withholding information, or undermining contributions.

  • Cyberbullying: Harmful actions through digital channels like email, text, or social media, such as spreading rumours or sending offensive messages.

  • Examples include persistent criticism, impossible deadlines, or isolating an individual from team activities.

• Sexual Harassment: Defined under the Human Rights Act 1993 as unwelcome or offensive sexual behaviour that is repeated or serious enough to cause harm. It can include:

  • Spoken or written comments, such as inappropriate remarks about appearance or suggestive messages.

  • Visual or physical acts, like unwanted touching or sharing offensive material.

  • Occurring in-person, online, or via text, affecting workers at any level.

• Other Forms of Harassment: Includes racial harassment or other discriminatory behaviours based on race, disability, age, or sexual orientation, as outlined in the Human Rights Act 1993. Harassment may involve repeated actions that cause fear, humiliation, or intimidation.

Bullying and harassment can happen during or outside work hours, including on social media, and may lead to disciplinary action if they impact your job or your employer’s reputation. Recognising these behaviours is the first step to seeking support and resolution.

What Are Your Rights as an Employee?

As an employee in New Zealand, you are protected under several laws that ensure a safe and respectful workplace. Your rights include:

• Health and Safety Protections: Under the Health and Safety at Work Act 2015 (HSWA), your employer (PCBU) must ensure, as far as reasonably practicable, your health and safety, including minimising risks from bullying and harassment. They must have policies, such as codes of conduct and reporting procedures, to address these issues promptly.

• Protection from Discrimination and Retaliation: You are legally protected from discrimination or dismissal for raising health and safety concerns, including bullying or harassment, as per the HSWA and Employment Relations Act 2000 (ERA). This includes protection when reporting issues internally or seeking external help.

• Right to a Fair Process: If you report bullying or harassment, your employer must:

  • Take your complaint seriously and investigate promptly using principles of natural justice.

  • Protect you from reprisals, such as victimisation or intimidation.

  • Provide support, such as access to Employee Assistance Programmes or mediation services.

  • Ensure confidentiality and involve unbiased investigators if a formal investigation occurs.

• Personal Grievance Options: Under the ERA, you can raise a personal grievance for unjustified disadvantage or dismissal if bullying or harassment affects your employment. You have 90 days to file a grievance for bullying or 12 months for sexual harassment under the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023.

• External Support: If internal processes fail, you can seek help from:

  • Employment Relations Authority (ERA) for employment disputes.

  • Human Rights Commission for discrimination or harassment complaints.

  • WorkSafe for health and safety concerns.

  • NetSafe for cyberbullying issues.

  • Police for physical assaults or criminal harassment.

• Bystander Rights: If you witness bullying or harassment, you can report it on behalf of others and are protected from retaliation. Health and Safety Representatives (HSRs) can assist in reporting and policy development.

Understanding your rights empowers you to take action and seek support when facing workplace challenges.

How Employee First NZ Can Assist You

Employee First NZ is your trusted partner in navigating workplace bullying and harassment. Our state-of-the-art AI assistance, available anytime, anywhere, provides preliminary, tailored guidance to help you understand your situation and take the next steps. Here’s how we can support you:

• Instant Guidance: Access our AI-driven platform 24/7 to receive immediate advice on recognising bullying or harassment, documenting incidents, and understanding your rights. Whether you’re dealing with personal attacks, cyberbullying, or sexual harassment, our AI offers clear, actionable steps tailored to your needs.

• Confidential Support: Our platform ensures your privacy, allowing you to explore your options without fear of judgment. We guide you on how to gather critical information, such as dates, times, and witnesses, to strengthen your case.

• Empowering Next Steps: We help you decide the best course of action, whether it’s reporting to your employer, seeking mediation through MBIE’s free services, or contacting external bodies like WorkSafe or the Human Rights Commission.

• Focus on Your Well-Being: We prioritise your mental and physical health, guiding you to resources like Employee Assistance Programmes or community support services to ensure you feel supported throughout the process.

By leveraging our AI-powered platform, Employee First NZ empowers employees to address workplace bullying and harassment confidently. Our service is designed to help you understand your options and connect with experts who can assist in resolving your concerns effectively.