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Disclaimer: Educational purposes only. Not legal advice. Consult a qualified NZ legal practitioner for your specific circumstances.

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employment

How to officially report workplace bullying

Key Takeaway

Workplace bullying in New Zealand is addressed through an employer's duty of good faith and obligation to ensure health and safety. Reporting typically involves internal processes, followed by external avenues like the Employment Relations Authority for employment relationship problems or WorkSafe New Zealand for health and safety risks.

Understanding Workplace Bullying in New Zealand

Workplace bullying in New Zealand generally refers to repeated and unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. While there is no single piece of legislation that specifically defines "workplace bullying" as a standalone offence, New Zealand law addresses such behaviour through an employer's general duties under various Acts.

Employer's Legal Obligations Regarding Bullying

Employers in New Zealand have significant legal obligations to prevent and address workplace bullying:

  • Duty of Good Faith: Parties to an employment relationship, including employers, are required to deal with each other in good faith [Employment Relations Act 2000, s 4]. Good faith in this context means being active and constructive in establishing and maintaining a productive employment relationship, and being responsive and communicative. This duty includes addressing issues that arise, such as bullying.
  • Primary Duty to Ensure Health and Safety: Every person conducting a business or undertaking (PCBU) has a primary duty to ensure, so far as is reasonably practicable, the health and safety of workers [Health and Safety at Work Act 2015, s 36(1)]. A person conducting a business or undertaking (PCBU) is a broad term that includes employers, self-employed individuals, and organisations. This duty extends to managing psychosocial risks, which includes preventing and responding to workplace bullying.

Worker's Rights and Responsibilities

Workers in New Zealand have rights and responsibilities concerning workplace bullying:

  • Right to a Safe Workplace: Workers have a right to be safe at work, free from harm to their health and safety caused by workplace activities, including bullying.
  • Duty to Take Reasonable Care: A worker must take reasonable care for their own health and safety, and ensure that their acts or omissions do not adversely affect the health and safety of other persons [Health and Safety at Work Act 2015, s 45].
  • Right to Raise Concerns: Workers have the right to raise health and safety concerns with their PCBU or health and safety representative [Health and Safety at Work Act 2015, s 83].

Reporting Workplace Bullying: Internal Processes

In most instances, the initial step for addressing workplace bullying involves internal processes within the workplace. This typically involves:

  • Raising the issue directly with the person involved, if it is safe and appropriate to do so.
  • Reporting the behaviour to a manager, supervisor, or human resources department.
  • Utilising any formal grievance or complaints procedure established by the employer. Employers are generally expected to have such procedures in place as part of their good faith obligations [Employment Relations Act 2000, s 4].

Reporting Workplace Bullying: External Avenues

If internal processes are unsuccessful, inappropriate, or unavailable, several external bodies can assist in addressing workplace bullying.

Employment Relations Authority (ERA)

If workplace bullying is considered an "employment relationship problem," it can be referred to the Employment Relations Authority (ERA). An employment relationship problem is defined as a problem between an employer and an employee, or between employees, that affects the employment relationship [Employment Relations Act 2000, s 103(1)]. Before an application can be made to the ERA, parties are generally required to attend mediation services provided by the Ministry of Business, Innovation and Employment (MBIE) to attempt to resolve the issue [Employment Relations Act 2000, s 135].

WorkSafe New Zealand

WorkSafe New Zealand is the primary regulator for workplace health and safety in New Zealand [Health and Safety at Work Act 2015, s 10]. If workplace bullying poses a risk to health and safety, it can be reported to WorkSafe. WorkSafe has powers to investigate breaches of the Health and Safety at Work Act 2015 and ensure compliance with health and safety duties.

Human Rights Commission

If the bullying behaviour is also discriminatory and based on prohibited grounds such as sex, race, disability, or age, it may constitute discrimination under the Human Rights Act 1993 [Human Rights Act 1993, s 21]. In such cases, the Human Rights Commission may be an additional avenue for assistance.

When to Seek Independent Legal Advice

Complex employment relationship problems, including serious or unresolved workplace bullying, often benefit from independent legal advice. Individuals may consult an employment lawyer or seek assistance from a Community Law Centre for free legal information. Information about Community Law Centres can be found at https://communitylaw.org.nz/.

Key Resources