Workplace bullying is a serious issue that can have detrimental effects on an employee’s mental, or even physical wellbeing.
Employers have a legal duty under the Health and Safety at Work Act 2015 to ensure a safe work environment, free from bullying and harassment. Understanding what constitutes bullying and how to address it is crucial for all employees.
What Is Workplace Bullying?
Workplace bullying encompasses repeated and unreasonable behaviour directed towards an employee that creates a risk to health and safety. It can include:
Verbal insults, threats, and yelling
Aggressive remarks and gestures
Invasion of personal space
Intimidation
Exclusion from meetings or social activities
Gossiping and spreading rumours
Cyber harassment (email, texts, social media)
It’s important to distinguish bullying from reasonable management actions, such as performance reviews or constructive feedback, provided they are delivered respectfully and fairly.
Example Scenario
Sarah recently joined a tech startup as a junior software developer, and has been assigned to senior developer Mark’s team.
From the beginning, Mark frequently belittled Sarah in team meetings, often making sarcastic remarks about her coding skills, and dismissing her ideas without consideration.
Over the next few weeks, the following incidents occur:
Unreasonable Criticism: Mark constantly criticises Sarah’s work in front of colleagues, despite her following instructions correctly.
Exclusion: Mark frequently organises team discussions without inviting Sarah, leaving her out of important project updates.
Undermining Confidence: Whenever Sarah presents a solution, Mark interrupts and says, “Maybe leave the technical stuff to the experts.”
Personal Attacks: Mark spreads rumours that Sarah is “too slow” and “not a team player,” making it difficult for her to collaborate with others.
Effects of Workplace Bullying
Employees who feel that they are being bullied may experience:
Anxiety, stress, or dread going to work.
Trouble sleeping, headaches, or trouble concentrating.
Loss of confidence, passion, or motivation.
Increased absenteeism, or poor performance.
In turn, employers may experience:
Increased staff turnover in the short or long term.
Low morale and engagement from affected, or onlooking employees.
Increased volume of complaints or grievances.
Overall decreased productivity, and lower quality work.
Legal Protections Against Bullying
Under New Zealand law, employers are obligated to provide a safe workplace. This includes taking suitable actions to prevent and address bullying.
As bullying can create a health and safety risk, employers may be held accountable under the aforementioned Health and Safety at Work Act 2015.
Employees experiencing bullying can also raise a personal grievance under the Employment Relations Act 2000 within 90 days if the bullying leads to unjustified disadvantages, or being pushed towards constructive dismissal.
How to Address Workplace Bullying
1. Recognise the Behaviour: Identify if the actions are repeated, unreasonable, targeted, and negatively affecting your well-being.
2. Document Incidents: Keep a detailed record of what happened, when, where, and if there were any witnesses.
3. Talk to the Bully (if safe): If bullying is stemming from a simple misunderstanding, sometimes a calm and rational conversation can create a constructive dialogue.
4. Report the Issue: Speak to your manager, or HR for advice and further steps.
5. Seek Support: Contact an employment relations specialist for guidance, advice, and representation in any proceedings.
Example Scenario
Based on the previous scenario, Sarah takes action to ensure her wellbeing, such as:
Reporting the Issue: Sarah documents the incidents and reports them to HR.
HR Investigation: HR interviews Sarah, Mark, and other team members.
Mediation: HR arranges a mediation session between Sarah and Mark to discuss the issues.
Based on this, the company takes action:
1. Mark receives a formal warning and is required to attend workplace bullying training.
2. Sarah is offered support, including access to the company’s Employee Assistance Programme (EAP).
3. The company updates its anti-bullying policy to reinforce zero tolerance for such behaviour.
What to do if the Issue Remains Unresolved
If internal processes don’t resolve the situation, employees can:
Raise a Personal Grievance: This must be done within 90 days of the bullying incident (or 12 months for sexual harassment).
Contact WorkSafe New Zealand: If the bullying poses a health and safety risk.
Seek Mediation: Employment New Zealand offers free mediation services to resolve disputes. Employment relations specialists also offer independent mediation and investigations.
Approach the Employment Relations Authority (ERA): As a last resort, the ERA can investigate and recommend solutions.
Conclusion
Bullying has no place in any environment.
Both employees and employers play a role in recognising, preventing, and addressing bullying. With the right course of action, you can tackle any workplace issue, and ensure your career and wellbeing are protected.
Don’t be afraid to advocate for yourself, and stand up for what’s right.
Mahi Law can Help!
Our expert team will help you understand your employment rights, and pursue resolution (including compensation) through various channels, such as: Without prejudice negotiations, mediation, the Employment Relations Authority, or Employment Court if required.
We also work on a no-win, no-fee basis – if we win your case, your employer covers the costs.
Get in touch for a free consultation! You can fill out this form – or contact us at [email protected], or 027 425 2231.
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