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Workplace bullying, discrimination & harassment

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Get Legal Advice On Defending Bullying Claims As An Employer

Bullying is repeated and unreasonable behaviour directed at a worker or group, creating a risk to health and safety. It can be overt (yelling, intimidation) or subtle (exclusion, undermining).

What Is Workplace Bullying?

Bullying is repeated and unreasonable behaviour directed at a worker or group, creating a risk to health and safety. It can be overt (yelling, intimidation) or subtle (exclusion, undermining).
- Good faith obligation (s4 ERA 2000): You must be active, constructive, and responsive in dealing with complaints. - Health & Safety obligations (HSWA 2015): Employers must provide a safe workplace, free of risks to psychological health. - Risk of claims: Failure to address bullying can lead to personal grievances, constructive dismissal claims, or liability under multiple Acts.

Why Employers Must Act

– Good faith obligation (s4 ERA 2000): You must be active, constructive, and responsive in dealing with complaints. – Health & Safety obligations (HSWA 2015): Employers must provide a safe workplace, free of risks to psychological health. – Risk of claims: Failure to address bullying can lead to personal grievances, constructive dismissal claims, or liability under multiple Acts.
1. Acknowledge the complaint promptly — show it’s taken seriously. 2. Investigate impartially — gather statements, review evidence. 3. Protect confidentiality while balancing natural justice (the accused must know the case against them). 4. Decide on action — warnings, training, or disciplinary procedures where bullying is proven. 5. Support both parties — provide EAP or counselling if needed.

How to Respond (Procedural Fairness)

1. Acknowledge the complaint promptly — show it’s taken seriously. 2. Investigate impartially — gather statements, review evidence. 3. Protect confidentiality while balancing natural justice (the accused must know the case against them). 4. Decide on action — warnings, training, or disciplinary procedures where bullying is proven. 5. Support both parties — provide EAP or counselling if needed.
Complaints about exclusion, gossip, intimidation, unreasonable workloads, or humiliation - Witness reports or repeated absenteeism linked to stress - Subtle behaviours like undermining authority or spreading rumours

What Bullying Complaints Look Like

Complaints about exclusion, gossip, intimidation, unreasonable workloads, or humiliation – Witness reports or repeated absenteeism linked to stress – Subtle behaviours like undermining authority or spreading rumours
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Despite bullying in the workplace being unlawful, it happens regularly in many businesses.

WorkSafe NZ describes bullying as “being repeated and unreasonable behaviour directed towards a worker or group of workers that can lead to physical or psychological harm”. Many employees suffer silently when being bullied by a co-worker or manager, as they often don’t realise they are being bullied. Action is usually only taken once the employee has suffered significant psychological harm and finds their workplace an unsafe and uncomfortable space. Resolve Legal can support you in raising concerns when you have been bullied and solve the issue as quickly and efficiently as possible.

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Our Case Process

We start by establishing the facts, identifying the issue and explaining the legal bits so we can get started on solving your employment problem. We want you to have peace of mind from the beginning of your journey with us.

Detailed Planning

We start by establishing the facts, identifying the issue and explaining the legal bits so we can get started on solving your employment problem. We want you to have peace of mind from the beginning of your journey with us.
Next, we discuss your expectations and any risks we think you are facing, evaluate all evidence and prepare an action plan so you get the best outcomes. We prepare you for what’s to come and what you can expect.

Consultation

Next, we discuss your expectations and any risks we think you are facing, evaluate all evidence and prepare an action plan so you get the best outcomes. We prepare you for what’s to come and what you can expect.
In the last part of our process, we prepare you for attending any meetings (such as disciplinary) and complete the outcome as cleanly and as quickly as we can. We strive to protect our clients and get you the best results.

Settlement

In the last part of our process, we prepare you for attending any meetings (such as disciplinary) and complete the outcome as cleanly and as quickly as we can. We strive to protect our clients and get you the best results.
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Workplace bullying is difficult to control and has significant negative effects on employee well-being, health and productivity.

Some examples of workplace bullying include victimising, humiliating, intimidating, threatening, discrimination and violence, which can take on many different forms and can be hard to notice as a manager. We are here to help and support you if you are suffering from bullying at your workplace and liaise with your employer to get it sorted in the best way possible.

Our team will be your trusting partner and help you identify the exact employment issue you are experiencing. We will advise you on the steps you can take to find a solution and let you know about the cost that comes with raising a personal grievance claim. The Resolve Legal team will be with you every step of the way and help you get through this challenging time by taking the right action.

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Get Legal Advice If you Are Defending A Discrimination Or Bullying Claim.

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