Workplace Bullying Guide - What to Do Next

It's a sad reality that many New Zealand employers protect the bully. Our comprehensive guide outlines your options to complain, protect yourself and seek a resolution, as well as how to best take control of your life and make a robust plan to leave on your terms (if there's no other option)

Updated 18 December 2020

Unfortunately, workplace bullying is a widespread occurrence in New Zealand. This Stuff.co.nz article confirmed New Zealand had the second-worst rate of workplace bullying in the developed world, and that one in five workers are bullied. In actuality many instances of workplace bullying aren't reported due to a climate of fear and distrust. However, your response can be different, and New Zealand employment law will protect you while you seek a solution.

Workplace bullying takes many shapes and forms
While it is sometimes dismissed as innocent “joking”, “teasing”, or “fun”, the implications of workplace bullying can be severe and may create an unhealthy work environment for its victims. This can lead to elevated stress levels, impacted performance, and adverse effects on mental health. Workplace bullying is also associated with an overall reduction in business productivity resulting from low workplace morale, high turnover rates, legal action, loss of reputation, and a toxic work culture.

Important: The reality of workplace bullying is that some companies may try to protect the bullies

Working day after day while being bullied is demoralizing and, in most cases, debilitating. Bullies strike at any moment and are often relentless. What's worse is that bullies are often popular with management and the owners of a business, will be promoted regularly and sit at high-level positions.
Bullies may, in some cases, have an advantage by being well-liked and, if a complaint were to arise, their word might be believed over the word of a complainant.
Bullies can be business owners themselves, and in such situations, you may feel powerless to speak up. Many people don't, fearing a bad reference, a worsening situation and/or losing their job altogether. There is a real fear among New Zealand workers that complaining to their employer about a bully could make them unemployable later on if word gets out. Victims may be (unfairly) seen as 'trouble makers' by other employers.
Despite increasing legal protection for victims of workplace bullying, many workers decide to quietly resign from the job. Many staff just accept bullies and treat their behaviour as part of the culture of the workplace.
This outline explains how a workplace bully works, which may provide comfort and clarity in an otherwise unsettling time. A New Zealand example of an (alleged) bully-ridden workplace is described in this article from Radio New Zealand.

Our guide is to designed to help you navigate workplace bullying, fight back and reach the best outcome:

This guide has been published to make both employees and employers aware of what their options are. It is designed to assist employees and employers with identifying, addressing, and resolving workplace bullying.
We believe that, as difficult and hopeless as being bullied at the workplace feels, there is hope. But reaching a positive outcome is often not easy.
With purposeful action, inappropriate workplace conduct and bullying can be addressed through proper resolution channels that serve the best interests of the employees and employer.

Our Workplace Bullying guide covers:

Know this first: If you'd like to talk to someone outside of your friends and work colleagues, we suggest contacting your local Citizens Advice Bureau who have a lot of expertise in workplace bullying assistance.

Identifying Workplace Bullying - What You Need to Know to Solve Unacceptable Situations

Bullying is considered any behaviour that is both repeated and unreasonable, where one party is being harmed due to the behaviour of another.
Harm can occur in the form of being victimised, humiliated, intimidated, threatened, or even physically hurt. In the workplace, bullying can occur between managers and staff, among co-workers, and between clients or suppliers and company staff.

Workplace Bullying can take place in various ways, such as:

Physically
Verbally
Psychologically
Socially
Online, also known as Cyber Bullying

Some signs that workplace bullying is taking place include:

Someone is being excluded or their input regularly dismissed
Someone’s work is being claimed by someone else, or the credit unduly placed
Someone feels intimidated by a person or group
Someone’s reputation is being harmed by false rumours
Someone is making complaints that they are being verbally, psychologically, or socially abused

You can explore various bullying scenarios to better understand what is technically considered bullying and how to identify it, using this Worksafe guidance.

What to do if You're a Victim of Workplace Bullying (as an Employee)

Our view: You may feel isolated and alone with the bullying you're subjected to at the workplace, but you have the law on your side. It takes a brave person to speak up, but, rightly or wrongly, it's the only way to bring about change. We suggest having a close support network you can approach if you decide to speak out.

If you have decided that the issue must be addressed, you can prepare yourself (step one) and attempt to resolve the situation (step two).

Step One - Preparing yourself with evidence and have backup options

Gather as much evidence as you can - emails, keeping a diary of the times and dates you were bullied, what was said and who was there. Bullying comes in all forms, so keep a record of every instance.
Make it known you don't appreciate the bullying - it sounds obvious but unless you protest, the bully has grounds to claim they didn't know it was bullying as you didn't make your feelings clear. It's likely this will be met with resistance as standing up to a bully usually has some consequences.
In situations where the bully is a silent terror, keep evidence of what you've heard - some bullies fabricate stories, outright lie and just make life miserable indirectly. If a reliable work colleague tells you your reputation is being tarnished, keep records of what they said. Even though it's not direct evidence, it can support your case.
Read your workplace's bullying or harassment policy (if it has one) - understand what it says and what assistance is available.
Start looking for a different job - you don't necessarily need to change employment, but having options should things not work out, will minimize the stress. Additionally, looking for a job while you have a job is much easier than job hunting while unemployed.

Step Two - Attempting to resolve the situation

Speak about it in confidence with someone you trust. This could be a close friend, colleague, or family member. They will listen and can help you assess the situation and offer a second opinion on whether you are, in fact, being bullied at work. Their responses will vary from 'look for another job' to 'make a complaint'; it's only up to you to decide how to proceed. A co-worker may be aware of the bully's behaviour and know if there are other victims. Knowing how other people have dealt with similar bullying behaviour can help you find a solution.
Contact the Employment Assistance Program - initial consultations are free, will provide an expert opinion on the issue and help you formalise a response to the situation.
Raise your concern informally with the company - this is much easier said than done. You can also make an informal complaint using the resources listed on the government's WorkSafe website. The forms are designed to be given to a PCBU (Person Conducting a Business or Undertaking, i.e. your manager or the business owner).
Alternatively, you can address your concern privately with the person bullying you: If you are comfortable with the idea, you may choose to raise your concern directly with the person as a private talk or through a message online. For assurance, you can also raise your concern with them in the company of someone you trust. Any discussion with the bully in question should be documented in the form of written records and notes.

Be careful about involving Human Resources. Alerting the workplace's Human Resources Manager, a safety representative, or another relevant manager is the most common step. The goal is to then confront the bully and have the issue resolved on the spot. However, it's arguable that Human Resources is also designed to protect the company's interests (so this may not always be the most suitable first step). Depending on the culture of the company, you may be seen as a troublemaker while the bully is protected.
Be careful who you approach and how you do it. If your superior manager is the one bullying you, speak to a different manager or make an informal complaint with Human Resources.

Top Tip: You can find more tips and advice on dealing with workplace bullying as an employee using Worksafe's comprehensive guide here.

If there is no resolution, you have the right to make a formal complaint.

If you feel that your concern is not being taken seriously or is not being resolved, you may choose to make a formal complaint with your Human Resources department or Manager. You may also wish to contact a lawyer. If you decide to make a formal complaint, you should have a documented record of workplace bullying for investigative purposes.
Once you make a formal complaint, an investigation will be carried out and further actions will be taken. You can make a formal workplace bullying complaint using these Worksafe forms.

Dealing with Unresolved Workplace Bullying

As an employee, you have a right to a safe and healthy work environment — and your rights are protected by law. If you’ve made a formal workplace bullying complaint but feel that the issue is not being resolved, you have more options. You may choose to take further action in the form of:

Filing a personal grievance: Under the Employment Relations Act, employees can file a personal grievance within 90 days of a bullying incident. You can learn more about the personal grievance process and how to file one here.
Request mediation: You can request mediation through the government's Employment Mediation Services.
Take your concern to the Employment Relations Authority (ERA): If mediation fails, you can take your personal grievance to the ERA. Further information can be found on the ERA's comprehensive website.
Challenge the ERA decision at Employment Court: The Employment Court of New Zealand can make a final judgement on the ERA decision if you are not satisfied with the results - visit the Employment Court's website to learn more.
Try alternative channels: You can seek assistance through other channels, including:

WorkSafe - an extensive list of resources is available to help employees identify bullying, what to do if they are victims of it or accused of being a bully
NZ Human Rights Commission - a comprehensive overview of your rights is provided by the NZHRC to help give clarity
Netsafe - Netsafe can help with the aspects of workplace bullying that are taking place using digital communications

The Reality of Workplace Bullying - 8 Must-Know Facts to Help You Achieve a Positive Outcome

The majority of workplace bullying goes unreported and unresolved

Workplace bullying often has a way of going under the radar, whether due to a lack of initiative or because its seriousness is not considered by the victim or by the people to whom they report it. This can make employment unnecessarily challenging for the victim and cause productivity issues in the workplace, personal health problems, and career difficulties.

As many as 1 in 10 New Zealand employees feels bullied or discriminated against at some point in time

Bullying in the workplace can occur to anyone, while women, workers between 45-54, and Asian, Māori, and other minorities typically experience higher rates of bullying in the workplace in New Zealand. It's far from ideal, for more workplace bullying stats, visit this Stats.govt.nz guide.

Workplace bullying is costing the New Zealand economy as much as $1 billion every year

Workplace bullying leads to high turnover rates, a decrease in productivity, absent employees, and investigation and litigation costs. In essence, it's a hassle. This informative article from NewsHub outlines how workplace bullying complicates the New Zealand work culture and marketplace.

Workplace bullying can lead to mental health issues including anxiety and depression

Workplace bullying can be a traumatic experience for its victims — especially when endured over a prolonged period of time. If you are suffering from workplace bullying, please don’t hesitate to seek help immediately through the following assistance hotlines:

Need to Talk? - Call or text 1737
Youthline - 0800 376 633, text 234, email [email protected] or online chat
Samaritans - 0800 726 666
Depression Helpline - 0800 111 757
Suicide Crisis Helpline - 0508 828 865 (0508 TAUTOKO)
Lifeline - 0800 543 354 or (09) 5222 999 within Auckland
Citizens Advice Bureau

Most bullies are managers who command power in an organisation

While there's no exact data on the matter, most reported cases of bullying tend to be about managers. They are, arguably, perceived by a company as more valuable than lower-level staff who are seen as replaceable. If a low-level staff member complains about bullying, they may be seen as troublemakers.

While a complaints process is designed to be fair, bullies are often cemented in the inner-workings of the company and an employer would not want to make any adjustments that might affect the business. Employment laws can make it difficult to dismiss a bully as well, so some companies will turn a blind eye to the complaint(s) if the bully brings benefits (i.e. increased revenue) that outweigh the costs (unhappy staff and high turnover).

If the company has no intention of disciplining the bully, the most common ways forward is to move the complaining employee to somewhere else in the business. The bully is still an employee, and an employer must treat all employees equally and ensure proper process and upkeep of their employment rights.

MoneyHub user Pete shares his experience working as an accountant in Auckland:
"This new manager started and seemed nice enough at first, and we're a friendly bunch who made an effort to become friendly. However, when a few of us ended up working with him, things were very different. He took it upon himself to micro-manage the project but lacked the understanding and technical ability necessary, which frustrated him as we had a better understanding of the work".

"I remember one instance where, having left work at 5pm to take a bus to collect my car from a mechanic, I had about 70 missed calls. It wasn't anything urgent - it was just about asserting control and intimidating me. When the project finished, he actively graded our team an 'F' to Management and blamed anything that wasn't perfect on us. It was laughable, as we had done all the work while he sat there and didn't want to learn what was happening. In time, we all left but he stayed. I understand he never got promoted and eventually left, so this is perhaps a case of bullies not getting what they want".

Bullies are employees and are therefore protected by employment laws

Bullies like to be in control and take advantage of their rights and boundaries. Some bullies may shout and yell, but others, and arguably the more dangerous ones, are more subtle. They wear their target down, one put-down, comment or unreasonable demand at a time.

Such behaviour limits the amount of 'evidence' that can be collected, so complaints are harder to prove. Mediation will take place, but without hard evidence to prove a 'substantive' misbehaviour under employment law, it's very hard to force someone out without risking wrongful dismissal.

Companies retain the power to remove a bully by offering compensation to leave. It some instances, it may be seen as the best way to avoid legal action while maintaining the image of the company.

Recent reporting suggests workplace bullying is widespread in New Zealand

This newsroom.co.nz article reported on the scale of the problem, citing a comprehensive MBIE report. The reality is a grim assessment of New Zealand's workplaces after being named one of the worst countries in the world for workplace bullying and harassment. Newsroom states that as many as one in five workers are affected each year, with women and minorities experiencing the highest levels of bullying.

StatsNZ’s 2018 Survey of Working Life found that 11.4 per cent of people surveyed reported bullying, harassment or discrimination in the last 12 months, an increase from 10% in the 2012 survey. Furthermore, the Citizens Advice Bureau consistently sees workplace bullying within the top ten categories for which people seek assistance.

Contacting Human Resources can adversely affect your job security

HR ultimately works for the organisation and its function is to protect staff while also protecting the company - in many cases, this dual-purpose cannot be achieved fairly and for the benefit of both parties.

Depending on the culture of the company, you may be seen as a problem or troublemaker while the bully is protected, and Human Resources is all to aware of their behaviour. The case involving The Warehouse and 20 staff members could, arguably, be an example of such a situation. The end result was that despite a barrage of complaints and action from the Union, the company found that "claims of bullying were not substantiated".

Workplace Bullying - Frequently Asked Questions

Every workplace situation is different, so our commonly asked questions below are about the general approach to addressing bullying in the workplace. If you'd like someone to talk to, we suggest contacting your local Citizens Advice Bureau who have a lot of expertise in workplace bullying assistance.

How do you define bullying?

Bullying is defined as unreasonable and repeated behaviour that causes harm to a person on a social, psychological, professional, or physical level. It is often experienced in the form of victimisation, intimidation, humiliation, threats, and in worst cases, physical injury.

What should I do if I am being bullied in the workplace?

The first action is to raise the concern with a manager (or a different manager if the issue is with your manager), a safety representative, or with your HR department. You will have the option of making a formal or informal complaint. Our What to do if You're a Victim of Workplace Bullying (as an Employee) lists most common options.

What if nobody is taking me seriously?

You can protect and enforce your safety rights by looking at the options listed in the Dealing with Unresolved Workplace Bullying section above.

Will I lose my job if I complain about bullying?

Your rights as an employee are protected by New Zealand law, and a fair process must be followed to justify termination. If you are threatened with or have been terminated for unjustified reasons, you can file a personal grievance with your employer - this government guide has more details.

Workplace Bullying - The Bottom Line

While bullying in the workplace is still a very prevalent issue, there are, fortunately, plenty of things you can do about it:

If you are being bullied or harassed at work, tolerance should never be considered an option. Tolerance of bullying in any form can lead to mental health problems and a possible escalation of the issue.
If you are concerned about losing your job as a result of speaking up, handling your complaint properly by documenting the incidents and taking the issue to employment authorities will most likely result in the accused being reprimanded, not the other way around.
There are also specialists who can help you deal with this sort of problem and can be reached through external channels outside of work (our Dealing with Unresolved Workplace Bullying section has more resources).
Because your livelihood is everything, it’s of utmost importance that your day at work is spent safely, confidently, and securely.

Further help can be found by contacting your local Citizens Advice Bureau.

Addressing Workplace Bullying as an Employer

As an employer, it’s your responsibility and legal obligation to ensure a safe and comfortable work environment for all employees. When bullying becomes an issue, it should be resolved quickly and effectively to demonstrate a zero-tolerance policy. Your business should also have specific no-bullying policies in place to create a resolution platform for employees and limit your liability in the case of bullying behaviour.

As an employer, you can address bullying at the workplace by doing the following:

1. Preventing workplace bullying:

The best way to deal with any problem is to simply prevent it; workplace bullying may have difficulty taking root in a positive work culture founded on teamwork and respect.
It’s wise to have company initiatives that educate employees about workplace bullying and its policies and repercussions.
Resources: You can assess workplace bullying at your business with the help of this Worksafe form, and create an anti-bullying policy via the WorkSafe template.

2. Maintaining the effectiveness of your anti-bullying policies:

Anti-bullying isn’t a one-off initiative; it requires regular monitoring and updates to remain effective. To ensure a healthy work culture, place emphasis on reviewing any and all complaints, be they formal or informal.
Top Tip: It’s a good idea to conduct exit interviews with workers who choose to quit, in the case that bullying is the reason.
On a regular basis, prompt your employees for feedback on work culture at your business and if they believe bullying is taking place in the form of surveys, questionnaires, and periodic interviews.

3. Enforcing anti-bullying policies (when a complaint arises):

When bullying does occur at your workplace, use it as an opportunity to prove the effectiveness of your anti-bullying policies. Launch a fair, independent, and immediate investigation while keeping both parties involved in the procedure.
Offer whatever support is available to each party in the form of education and counselling resources or other measures as required.
During an investigation, it may be necessary to separate the workers to avoid an escalation and ensure everyone’s safety.
If you believe that a person may be in danger at any time, then an immediate suspension of one or both parties may be required. If a physical altercation has occurred, call the police.

4. Making a decision (when a complaint arises):

Once the investigation is concluded, you’ll have to make a decision on how to respond. As this will set a precedent for all future bullying incidents, you will want to be fair but also make an example.
Workplace bullies can be disciplined in several ways. The best starting point is to have a conversation with the alleged bully and mediate between the parties. If it's an isolated incident, it may be less serious. If there are a number of complaints about the same person, this will warrant close attention.
In a worst-case scenario, you may choose to treat the incident as a warning, place them on temporary suspension, or, if you deem their behaviour totally unacceptable, let the bullying employee go (ensuring the dismissal is substantively fair and procedurally fair).
Remember, no matter how valuable an employee may be, bullying behaviour can affect your business’s overall productivity in ways unseen and actually cost you money.

5. Learning from a bullying incident: (when a complaint arises):

After a bullying incident has occurred at your workplace, you can use it as a learning experience to improve your work culture.
Victims of bullying can offer valuable advice on how it may be possible to avoid these situations in the future.
You may also take the initiative to educate your employees through training programs and reminders of anti-bullying policies.

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