Bullying is repeated and unreasonable behaviour directed towards a worker that can lead to physical or psychological harm. It is a health and safety issue — employers have a duty to provide a safe workplace, which includes protecting you from bullying.
If you complain about bullying, your employer must investigate fully and fairly, tell you the outcome, and take steps to prevent it happening again. Bullying can be misconduct — and repeated or extreme bullying may justify dismissal of the bully.
Bullying in the workplace can lead to negative health consequences for the victim of the bullying including:
WorkSafe New Zealand defines bullying as "repeated and unreasonable behaviour directed towards a worker or a group of workers that can lead to physical or psychological harm". It differs from harassment (which tends to be aimed at characteristics like race or gender) and tends to be focused on an individual.
In Emmerson v Northland District Health Board, the Employment Court identified behaviours unlikely to be bullying: appropriately expressed criticism of work performance, justified discussion of conflict in the workplace, and relatively insignificant incidents of miscommunication or misunderstanding. These might be unwanted or even humiliating but are not necessarily unwarranted.
See: Emmerson v Northland DHB [2019] NZEmpC 34 | [2016] NZERA Auckland 322
In Clear v Waikato District Health Board, citing Sloggett v Taranaki Health Care Ltd, the Employment Court said: "An employer who receives complaints from employees about the behaviour of other employees such as sexual harassment or bullying has particular obligations. First, it must undertake a full and fair investigation into that complaint, second the complainant is entitled to be told the outcome of the investigation and third if the employer is satisfied that the alleged behaviour took place it must advise the complainant what steps the employer has taken or proposes to take to prevent a repetition of the behaviour."
See: Clear v Waikato District Health Board [2010] NZCA 305 | Sloggett v Taranaki Health Care Ltd [1995] NZEmpC 92
Legitimate criticism or comment on an employee's performance does not generally amount to bullying (Jones v Kauri Point Farm Park Ltd [ERA]). But in Ewing v Waimea Weekly Ltd [ERA], the Authority said the employer should have taken reasonable steps to protect the employee's wellbeing, since it knew the effect of its managing director's behaviour. Wide-sweeping and generalised negative statements are not a clear, transparent and supportive performance process.
Bullying is a serious matter and should be treated as such. But your employer will likely send their representative out on a mission to ensure you are targeted.
Employers instinctively go into defensive mode, then into attack mode when faced with a bullying complaint.
It is extremely common for employers to try to stop complaints or reduce complaints from having any financial impact on the company.
In this instance Human Resources (HR) are not going to help you, they are likely going to gather information to present to the employer and take actions to protect the employer in any way they can.
Never forget, HR's job as the employer's representative will be to ensure that you cannot bring a claim against your employer for your treatment in the workplace.
Yes. Under the Health and Safety at Work Act 2015, a person controlling a business must ensure, so far as is reasonably practicable, the health and safety of workers. The Act defines hazard to include "behaviour that has the potential to cause death, injury, or illness", while health means both physical and mental health. Bullying is a hazard that could affect the health of others.
In 2021, Te Aroha College was issued with an improvement notice by WorkSafe due to failure to meet responsibilities around "psychosocial risks" to workers. Complaints related to bullying behaviours including workers being ridiculed, shouted at and feeling spied on.
Yes. Bullying can be misconduct — and repeated bullying, or extreme incidents, may be serious misconduct. An employer has established law to set standards of behaviour it expects from employees.
Under the Employment Relations Amendment Bill 2025 (Government Bill 175—2): The proposed changes do not diminish your right to a safe workplace. If you are being bullied or your complaint was not properly investigated, seek advice about your options.
The number of legal cases in the Employment Court and the Employment Relations Authority demonstrates that bullying cases in the workplace are on the increase.
Research provides that battling bullying leaves life long scars unless the matter is dealt with.
Bullying at work is no longer easy to sweep under the carpet.
The outcomes of cases in the Employment Court and the Employment Relations Authority provides that there are three phenomena that make for a winning case.
In Roberts v Japan Auto NZ Limited a salesman's boss:
Although this bullying only lasted three weeks the Court resoundingly found this bullying had made Mr Roberts resign and Roberts was awarded:
The classic case in that instance is Cartwright v Commissioner of Police.
A local rural policeman (Cartwright) was assigned to a new manager (Sergeant).
The first thing out of this manager's mouth was:
"I'm not going to put up with any of his 'f__ing nonsense'"
...and removed his responsibilities. But wait, there is more...
At a performance appraisal, Cartwright was called an "arrogant c__".
Cartwright was also told not to publish his usual articles in the local newspaper. (Silencing and manipulation much?)
Cartwright the stressed and bullied Constable sought medical advice and was diagnosed as being clinically depressed.
Cartwright took leave.
On returning, Cartwright complained to his District Commander who purportedly asked sarcastically: if complaining was also "part of the therapy".
Subsequently, Cartwright left the police and was paid:
In Nagai v Carlton Hotel Mr Nagai worked as a Teppan Chef in the hotel's Japanese restaurant.
The head chef ran a strict Kitchen, and could speak harshly.
The Authority concluded these harsh and belittling exchanges were well within the scope of expected and acceptable conduct between a supervising chef and an employee in a busy kitchen.
It was not bullying.
TV's "F Word" cooking programme with Gordon Ramsay provides the disturbing and normal custom and practice in those environments.
However, the courts recognise different workplaces have different standards.
Each case, as always turns on its own facts and merits.
What goes in the construction site smoko shed, could be frightfully unacceptable in a politically correct government department and there is a line to be determined between what is really a personality clash with a sensitive worker and real bullying.
Some find it useful to explain workplace bullying in either vertical or horizontal terms as well.
An example of vertical bullying that comes to mind is paradoxically the worker on the boss rather than the usual boss on worker.
In McGowan v Nutype Accessories, McGowan the Manager of the company was tormented by some staff over a leaked (later to be shown unfounded) investigation of the High Court over a former partner alleging he had pornographic images of her.
The tormentors habitually passed his office making over the top rude comments and threats at him.
McGowan eventually could no longer put up with this taunting and resigned.
McGowan sued his former employer who he had told about the taunts and won:
An example of horizontal bullying, that means workers bullying one another.
Healthcare professionals and public sector workers are classic examples of horizontal bullying.
These workers and professionals are not immune to bullying; in fact, they experience bullying at an alarming rate.
Sometimes the bullying is passed down from superiors, but frequently bullying occurs between coworkers.
This is known as "horizontal bullying," and it has become a serious issue within the nursing profession and the public service.
Horizontal bullying between nurses and public sector workers can cause negative consequences for everyone involved, in particular the nurses, patients, and the entire organisation.
This case led to change in the way ACC handled claims for mental injury as a result of bullying.
Phillips was a senior staff member who took her case to court and won and now the agency must provide ongoing cover for a mental injury that happened under its watch.
Yvette Phillips moved her family to Christchurch to take up her dream job working as a claims advisor for ACC but two years later she faced redundancy amidst a restructure.
During a meeting in October 2019 to discuss her potential redeployment, she said her manager was "confrontational and aggressive", and she left the meeting in tears feeling "ambushed and blindsided".
While on stress leave, Phillips returned to the office in March 2020 to retrieve her laptop and was publicly humiliated in front of colleagues when another staffer accused her of lying and then stripped her of her laptop.
Phillips provides that in her words her experience was:
"It's extremely painful, honestly. That's the best word for it. They were very painful experiences because in fact it's put an end to my career."
When Phillips described her personal experience of remembering the bullying she states:
"I can hear my voice cracking now ... to try and take myself back there and describe it is tough. I suppose I've kind of closed that book."
Phillips attended two doctors and was diagnosed with major depression and post traumatic stress - and two doctors pointed out either of the events she experienced at work could lead to mental injury in most people.
Knowing ACC's policy inside out, Phillips put in a claim for cover for a work-related mental injury but it was refused, as was a subsequent review.
But having advised on claims, Phillips thought her case was solid and appealed the decision in the Wellington District Court.
In his judgment, released in May 2022, Judge Chris McGuire found that Phillips had suffered a work-related injury.
"The appellant's accounts of these two incidents in particular are detailed and meticulous. I accept them. The respondent has offered no counter evidence."
Phillips said it was difficult to speak out and pursue her case.
"It's only because of my knowledge of ACC, having worked there for seven years, and my understanding of the legislation that I could say to myself: 'no you know you've got this, you know the legislation, you know how this works'."
"I certainly knew what kind of injuries can be covered, I know what kind of injuries can't be covered, and I knew that this was a mental injury that was caused in the workplace."
Phillips eventually received weekly payouts after winning the appeal.
ACC is the Crown entity responsible for administering the country's no-fault accidental injury compensation scheme.
At the time, ACC had accepted eighty one (81) claims for work-related mental injuries last year, but could not easily identify how many of those related to workplace bullying.
In a statement ACC's chief people and culture officer, Michael Frampton, said as an employer the organisation has only received one (1) mental injury claim for bullying at work but he could not speak about individual employee matters.
"It is important that all our people feel safe and supported while they are at work. ACC does not tolerate bullying or harassment in any form. We encourage our people to raise any concerns, and we provide multiple avenues to do so."
He said ACC introduced a new policy earlier this year, replacing its previous bullying and harassment policy.
It is arguably disappointing that it had to come to a court case for ACC to change its ways, however, it is likely better late than never.
Don't put up with being bullied – life's too short, your mana is important, and the law is on your side.
Tell your boss, and if they are cavalier and unsympathetic like the District Police Commander, seek help.
If you or someone you know is being bullied in their workplace or in their employment, then any delay in seeking the right advice can hurt any chances when it comes to raising the matter.
Working For Workers does not pull any punches when it comes to stopping bullying and raising matters of, or matters related to bullying.
Working For Workers understands that it is hard to trust anyone when you are being bullied at work.
Often, the experience of bullying leaves people feeling jaded, isolated and alone.
YOU ARE NOT ALONE.
Working For Workers advocates and representatives have the skills and expertise to help you out with matters of bullying and restore balance to the situation.
No matter how bleak it seems, there are ways and means of dealing with bullies and bullying in the workplace.
Please contact us today to discuss the matter and start turning things around for you in the workplace.
Contact us today