Bullied at work in New Zealand: what counts, and what to do about it

If you are being bullied, it is not your fault, and you do not have to work through it alone. If you need to talk to someone now, 1737 is free to call or text at any time. If you are in immediate danger, call 111.

What counts as bullying

Employment New Zealand and WorkSafe use the same core definition: repeated and unreasonable behaviour, directed at a person or a group, that can cause physical or psychological harm. It can be physical, verbal, psychological or social, and Employment New Zealand's examples include victimising, humiliating, intimidating or threatening someone. It can come from a manager, a co-worker, a contractor, or a customer or visitor.

Two words in the definition do most of the work.

• Repeated. Employment New Zealand says a single or occasional incident of insensitive or rude behaviour is not considered bullying, but it could become more serious and should not be ignored. A one-off can still be raised, and it belongs in your record in case it turns into a pattern.
• Unreasonable. A manager setting deadlines, giving honest feedback or managing performance fairly is doing their job, even when it is uncomfortable. Repeated belittling, shouting, being shut out of work you need, or constant criticism with no help to improve are much closer to what the definition describes.

Employment New Zealand suggests first talking to someone you trust to sense check what you are experiencing. Harassment and discrimination overlap with bullying but are separate in law: sexual or racial harassment, or bullying linked to your race, sex, disability, religion or another ground in the Human Rights Act, opens further routes, set out below. Our article on dealing with a difficult manager covers the hard but lawful end of the range.

What your employer must do

Bullying is a health and safety issue as well as an employment one. Under the Health and Safety at Work Act 2015, health means physical and mental health, and a business must ensure, so far as is reasonably practicable, the health and safety of its workers. Employment New Zealand says that includes managing the risk of bullying, calls bullying a serious health and safety breach and a form of misconduct, and says employers should have policies and procedures to prevent and respond to it.

The Employment Relations Act 2000 adds the duty of good faith in section 4. Employment New Zealand says repeated verbal or emotional attacks on an employee may breach it, that a safe workplace is an implied obligation in every employment agreement, and that an employee may raise a personal grievance if an employer fails to manage bullying and creates an unsafe workplace.

When a formal complaint is made, Employment New Zealand says the employer should treat it seriously, investigate it properly, support the people involved, and keep the workplace safe while it investigates. If the employer itself is accused, the investigation must be done by an independent party, not by someone who reports to them.

The steps, in order

There is no single right path, and your safety comes first at every step. This order keeps your options open.

1. Start a dated record now. For each incident, write the date and time, where it happened, what was said or done in as close to the actual words as you can, who else was there, and how it affected you. Keep copies of emails and messages. Write it soon after, and keep it on your own device rather than work systems. Our article on how to document workplace issues covers what to record and what to leave out.
2. Read the policy. Find your workplace's bullying or harassment policy and follow its process. It should say who to tell and how complaints are handled.
3. Raise it, informally if you feel safe to. Employment New Zealand says some people speak to the person privately or in writing, perhaps with a support person, or ask their manager to step in. If the person is your manager, go to another manager, HR, a health and safety representative or your union.
4. Make a formal complaint in writing. Set out what happened, with dates and what was said, seen or done, and name anyone who was there. Say what you would like to happen. WorkSafe publishes a formal complaint form you can use if your employer has none. Employment New Zealand says a formal complaint should lead to a formal investigation, and that you should be told whether the behaviour was found to be bullying and whether action will be taken.
5. Use support while it runs. You are entitled to a support person at meetings. WorkSafe suggests support from other managers, colleagues, health and safety representatives or your union, and your employee assistance programme if your workplace has one.

Your record is the part you control. In Your Career, 1:1 notes keep the date, who was there, what was said and what was agreed, in your own account, encrypted and never shown to an employer.

If it is not resolved: the formal routes

If your employer's response does not fix it, there are several routes, and they can be used together. Employment New Zealand on 0800 20 90 20 can explain them, and Community Law, Citizens Advice Bureau, your union or an employment lawyer can advise on your own situation.

• Early resolution and mediation. Employment New Zealand's Early Resolution Service is quick, informal, confidential and free, and its Employment Mediation Services are free and confidential.
• A personal grievance. Section 103 of the Employment Relations Act includes being disadvantaged in your employment by an unjustifiable action of your employer, and Employment New Zealand says an employer failing to manage bullying can ground one. Employment New Zealand says you have 90 days from when you first identified the bullying to raise it, or 12 months for sexual harassment. Our article on raising a personal grievance covers the time limits and what to write.
• The Employment Relations Authority, if mediation does not settle it, which makes a binding decision.
• The Human Rights Commission, where the bullying involves discrimination, or racial or sexual harassment. Its dispute resolution service is free and confidential.
• WorkSafe. WorkSafe says it responds to the most urgent or serious concerns, is unlikely to intervene in one-off cases, and may consider intervening where a business has failed to manage significant work-related mental health risks. Its investigation will not discipline anyone or decide employment matters, so it suits a workplace-wide failure more than a single dispute.
• The Police, if there is violence or physical harm. Employment New Zealand notes that bullying online may also fall under the Harmful Digital Communications Act.

Nobody can promise how a complaint or a grievance will turn out; each depends on its own facts. Getting advice before you act is the best protection. Our guide to employment rights in New Zealand sets out the baseline every employee has.

Time off, ACC and talking to your GP

Bullying often affects sleep, health and confidence, and taking time away can be the right call. It helps to know how the leave works before you need it.

ACC covers a work-related mental injury only in narrow circumstances. Under section 21B of the Accident Compensation Act 2001, the injury must be caused by a single, sudden event that you experienced, saw or heard directly, and that could reasonably be expected to cause mental injury to people generally. The Act says an event does not include a gradual process, so harm built up over months of bullying will generally fall outside ACC cover.

That usually makes it sick leave. Employment New Zealand says that if stress is making you mentally or physically unwell, you can use sick leave just as you would for any illness or injury. Under the Holidays Act 2003 you are entitled to 10 days a year once you have 6 months' current continuous employment, or 6 months averaging at least 10 hours a week (with at least 1 hour every week or 40 hours every month). If it runs out, you can ask for sick leave in advance, annual holidays, unpaid leave or paid special leave, although your employer does not have to agree unless your agreement says so. Our article on stress leave sets out each option in turn.

Your GP is a good person to tell. Explain plainly what has been happening at work, how long it has gone on, and how it is affecting your sleep, health and ability to work; your notes help you remember. They can support time off with a medical certificate, which your employer can ask for once you have been off for 3 or more consecutive calendar days. Your employer cannot tell you which doctor to see.

Keep your record somewhere only you can see