Workplace Bullying and Harassment

What is Bullying?

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Workplace bullying affects as many as 20% of New Zealand’s workers, with no sign of slowing down and a big part of that problem comes from the difficulty people have in identifying it.

Are you being bullied?  When confronted with accusations of bullying, most perpetrators are incredulous, refusing even to believe that they could be bullies, and while the term ‘bullying’ doesn’t have a simple, clear legal definition, Worksafe has been very helpful in defining it in a helpful way.

Workplace bullying is repeated and unreasonable behaviour, toward an individual or a group of people, that can lead to physical or psychological harm.

Sadly, these bullying behaviours often fall along ethnic lines and strongly resemble racism, although this is not always the case.

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The arguments around whether or not someone has been bullied (or is a bully) tend to centre around a discussion of what is ‘unreasonable’ behaviour.  Our courts are not always so helpful when it comes to evaluating ‘unreasonableness’, with one supreme court judge declaring in essence that “I’ll know it when I see it”.  However, in some instances it’s very clear.  Has any of the following happened to you:

• Forced to move location or office, away from other workers; or

• Downgraded in benefits or position (for example, if someone repeatedly replaces your chair with a broken one), moves you to a smaller office etc; or

• Placed you on a Performance Improvement Plan; or

• Threatened with job loss (even with subtlety); or

• Repeatedly criticised  your work (nitpicking); or

• Given unachievable tasks; or

• Teased, ‘pranked’, shouted at or insulted; or

• Supplied with incorrect in grossly inaccurate information; or

• Denied leave for no reason; or

• Sabotaged; or

• Been the subject of relentless gossip; or

• Excluded from things you would normally be included in (including meetings, emails, staff functions etc); or

• Any repeated and unreasonable behaviour toward you, that makes you feel uncomfortable.

Bullying also isn’t limited to senior staff bullying more junior staff but can happen at and between any level and it can happen outside of the workplace.

One of the worst features of workplace bullying, is that without support, the complainant can become the target of prejudicial investigation by the company and the bullying can get worse, or even more widespread.

A common mistake that companies make with workplace bullying is ignoring it.  Worksafe encourages employers to take all allegations of bullying seriously unless it’s completely impractical, unfortunately, very few employers do.

If you are experiencing workplace bullying, give us a no obligation call, to learn about your rights.

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