Workplace bullying in New Zealand is, unfortunately, fairly common.  

WorkSafe considers workplace bullying as repeated, unreasonable behaviour directed at an individual or group that often leads to psychological harm. Bullying can erode a person’s mental well-being and make a workplace unbearable. In some serious cases, bullying could be a single act by a manager or supervisor, as employers are obligated to maintain a safe work environment, which includes addressing and preventing workplace bullying.  

Employers’ Legal Obligations 

Employers have a statutory duty under section 36 (1) of the Health and Safety at Work Act 2015 to ensure the health and safety of their employees. This includes preventing harm arising from hazards in the workplace, which the Act mentions as “behaviour that has the potential to cause death, injury, or illness.” Section 16 of the Act defines ‘health’ as including both physical and mental health.  

Furthermore, good faith obligations under the Employment Relations Act 2000 mean that employers must treat employees “fairly.” This means taking allegations of bullying seriously and investigating them appropriately.  

The case of Quinton-Boundy v Waimakariri District Council [2022] NZERA 616 demonstrates the importance of employers acting promptly and thoroughly. In that case, a failure to address an employee’s allegations of bullying contributed to a finding of unjustified action, resulting in disadvantage. The Authority stressed that ignoring complaints or not acting in good faith can expose employers to liability and awarded Ms Quinton-Boundy $32,000 as compensation for humiliation, loss of dignity, and injury to her feelings. It also ordered that the District Council pay a penalty of $7,800 for a breach of good faith. 

Investigating Bullying Complaints 

Employers are also required to investigate complaints of bullying or harassment and take appropriate action to prevent recurrence. Failure to do so may result in the employer being liable for a disadvantage claim under the Employment Relations Act 2000, and potentially under the Health and Safety at Work Act 2015. 

 Once an employee raises a bullying complaint, the employer has a responsibility to: 

  1. Promptly and thoroughly investigate any bullying complaints. A failure to do so could result in liability, as in the case of Neil v New Zealand Nurses Organisation [2020] NZERA 219, where an employer was found lacking for not adequately investigating claims. 
  2. Regularly update the employee on the investigation process. Transparency is critical in maintaining trust and ensuring that the complainant feels heard and respected. 
  3. Act if required. If a bullying allegation is substantiated, employers must take reasonable steps to address the behaviour, which might include disciplinary actions, mediation, and other corrective measures. 

For Employees Facing Bullying 

If you are experiencing workplace bullying, here are some steps you can take: 

  1. Keep a detailed record of what happened, including dates, times, and witnesses. This information will be important if you decide to raise a formal complaint or grievance. 
  2. If you feel comfortable doing so, addressing the issue informally with the person involved can sometimes lead to fast resolution. 
  3. If the behaviour persists and you do not feel comfortable addressing the person directly, you should notify your employer or manager about the bullying. Employers are obligated to investigate and take steps to address the issue, but an employer cannot address what they are not aware of. 
  4. If your employer fails to act and the issue remains unsolved, you may have grounds for a personal grievance for unjustified disadvantage under the Employment Relations Act 2000. This allows you to seek remedies, such as compensation for hurt and humiliation.  

Final Thoughts 

Workplace bullying is a serious issue for both employees and employers. Employers must act swiftly and effectively to prevent harm to employees and protect themselves from liability. For employees, understanding your rights, making your employer aware of the issues, and documenting incidents is crucial for protecting yourself.
 

The first step in getting support is to talk with a lawyer from Frontline Law about your situation and see what options we can offer you. Contact Frontline Law for a free initial consultation.

*The information in this blog post is general in nature and is not legal advice. If you need advice, you should contact us about your specific situation.