In New Zealand, employment laws protect employees from unfair treatment, discrimination, and harassment.  

But when does a difficult workplace become illegal?  

If you’re feeling unsettled or unsafe, understanding your rights and legal options can help you take action if you find yourself in a hostile work environment. 

What is a Hostile Work Environment? 

A hostile work environment occurs when an employee is subjected to unwelcome conduct that creates an intimidating, offensive, or oppressive workplace. This can include: 

Bullying: Repeated unreasonable behaviour that harms an employee’s mental or physical health. This includes aggression, intimidation, or verbal, emotional, or physical abuse.  

Harassment: Unwanted behaviour based on race, gender, age, disability, sexual orientation, or other protected characteristics. 

Discrimination: Treating someone unfairly due to their identity under the Human Rights Act 1993. This can be on the basis of gender, race, age, or disability for example. 

Retaliation: Punishing an employee for raising concerns, or making complaints about work-related matters. 

Microaggressions: Subtle, indirect, or unintentional discriminatory behaviours that negatively impact employees’ wellbeing. 

Workplace Exclusion: Intentionally isolating an employee from team activities, meetings, or opportunities for career growth. 

When Does a Hostile Work Environment Become Illegal? 

While not every uncomfortable situation at work is illegal, certain behaviours violate employment laws. A hostile work environment is illegal when: 

1. It involves discrimination under the aforementioned Human Rights Act 1993. 

2. It includes bullying or harassment that affects an employee’s well-being under the Health and Safety at Work Act 2015. 

3. An employer fails to act on complaints about serious workplace misconduct. 

4. An employee is forced to resign due to mistreatment. This is referred to as constructive dismissal.  

5. There is systemic bias in hiring, promotion, or disciplinary actions. 

6. The employer or other employees engage in verbal abuse, threats, or intimidation that creates a toxic workplace. 

Steps to Take 

1. Document Everything 

Keep records of incidents, including dates, times, people involved, and the nature of the behaviour. Save emails, messages, or any other evidence that supports your case. Having a well-documented history strengthens your position when addressing the issue. 

2. Address the Issue Internally 

• Speak to the parties involved if you feel safe doing so. 

• Report the behaviour to your manager, HR department, and employer. 

• Follow your company’s complaint procedures, which may include mediation or formal grievance processes. 

• Request a workplace review if the issue affects multiple employees. 

3. Consider Taking Action 

If issues are unable to be solved internally, taking further action may be an option. You can: 

• Seek advice and representation from employment relations specialists. 

• File a personal grievance within 90 days of the incident (12 months for sexual harassment) 

• Proceed to seeking compensation for lost wages, emotional distress, or legal costs through the ERA. 

Key Takeaways 

• Know your rights under New Zealand employment laws 

• Maintain professional boundaries and report inappropriate behaviour early. 

• Seek external advice if your employer fails to act on serious complaints. 

• Advocate for workplace policies that promote diversity, inclusion, and mental well-being. 

• Participate in anti-bullying and discrimination training to help build a safer work environment. 

Final Thoughts 

A hostile work environment is more than just a difficult workplace – it can be illegal. 

If you experience harassment, discrimination, or bullying, act quickly by documenting incidents, reporting them internally, and seeking external help if needed. You have the right to work in a safe and respectful environment, and legal protections exist to ensure your well-being.  

Mahi Law can Help! 

Unsure of how to proceed? 

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 admin@mahilaw.nz, or 0800 450 032. 

Follow us for more tips and insights → Instagram | LinkedIn | Facebook | TikTok