Workplace Bullying
Going to work shouldn't feel like a battle. If you are experiencing bullying, harassment, or an unsafe environment and your employer isn't fixing it, you have legal rights.
Mathews Walker can provide the support you need. Get in touch and we can arrange an employment advocate to talk through your options with you.
Are you being bullied in the workplace?
Bullying is defined by WorkSafe as ‘repeated and unreasonable behaviour directed towards a worker or a group of workers that can lead to physical or psychological harm.’ We understand that this can be difficult to describe, but trust your gut; if it feels wrong or unfair, then it probably is!
If you think this is what you are experiencing, do not resign before calling us. If you believe that your only option is to resign, then one of our employment specialists may be able to negotiate an exit package instead. Or, one of our advocates can work with you to ensure that the employer takes action to address the bullying behaviour.
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Seek support from our employment advocates before making any big decisions.
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When an employer fails in their duty of care
Do you have legal rights if your employer failed to protect you?
New Zealand employers have a legal duty to respond appropriately when concerns about workplace bullying are raised.
A reasonable employer will usually acknowledge the complaint promptly, assess any health and safety risks, and depending on the situation, carry out a fair and impartial investigation.
However, not every employer meets these obligations. If your employer failed to respond appropriately to workplace bullying, you may have grounds to raise a personal grievance or pursue other legal remedies.
Every situation is different, but unfair treatment usually falls into one of these common scenarios:
My employer ignored my workplace bullying complaint
If your employer failed to investigate or take reasonable steps to address your bullying complaint, they may not have met their obligations, which can give you the right to pursue legal remedies.
I was forced to resign because of workplace bullying
In some cases, workplace bullying becomes so severe that an employee feels they have no reasonable option but to resign. If you’re feeling this way we always recommend seeking advice before resigning. This is known as constructive dismissal. If your employer's actions, or failure to act effectively, forced you to leave your job, you may be entitled to raise a personal grievance.
I’m facing backlash for speaking up
It’s not uncommon for an employee to raise concerns about workplace bullying, only to find themselves being treated differently afterwards. If you believe you’re being punished for speaking up, you may have grounds to take legal action.
If this sounds like something you’re going through, call us straight away at 0800 612 355. We can arrange an employment advocate to talk through your options with you.
Our employment advocates can provide the support you need
Mathews Walker is a New Zealand wide employment advocacy service with considerable experience in resolving workplace disputes. Most of our cases are no win, no fee, which means that we only take a fee if we are successful.
Our employment advocates can help you:
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Understand whether the behaviour meets the legal definition of workplace bullying.
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Understand whether your employer has acted reasonably
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Gather and organise evidence.
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Raise concerns with your employer.
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Lodge a personal grievance where appropriate.
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Negotiate a resolution.
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Represent you during mediation or Employment Relations Authority proceedings if required.
What our clients have said
Lee-anne
A friend put me on to Paul, he is absolutely amazing, knows his stuff, got me a great result. I would recommend him to anyone needing help with employment issues, he is the best.
Bullying in the Workplace | Christchurch
C (Name Withheld)
My case hasn't finished yet but i'm super impressed with the amount of work and time Ritu has put into, thank you.
Workplace Bullying and Harrassment | Christchurch
D (Name Withheld)
You guys are amazing amazing amazing. I can not thank you enough. The speed at which you contacted me and responded to emails was just mind blowing over and above the normal 9-5, i am just so grateful. Result brilliant.
Bullying | Whangerei
Answering your questions about workplace bullying
What is considered bullying in the workplace?
Workplace bullying is repeated and unreasonable behaviour that creates a risk to your health and safety. It can include intimidation, humiliation, verbal abuse, exclusion, or other behaviour that is ongoing and unreasonable. A one-off disagreement or reasonable performance management will not usually be considered workplace bullying.
What can I do about workplace bullying?
If you're dealing with workplace bullying, it's important to keep a record of what's happening and raise your concerns with your employer where appropriate. If the behaviour continues or your employer fails to respond, it may be worth seeking advice from an employment advocate to understand your options.
What evidence should I collect?
Keeping detailed records can help support your position. This may include emails, messages, meeting notes, diary entries, medical certificates, and details of each incident, including when it occurred, what happened, and whether anyone witnessed the behaviour.
What can I expect when I make a bullying complaint to my employer?
Making a bullying complaint does not automatically mean disciplinary action will be taken. Your employer should consider the complaint fairly and decide what action, if any, is appropriate based on the evidence.
If the complaint is upheld, the employer may take steps such as providing training, issuing warnings, changing reporting lines, or, in serious cases, dismissing the employee. If there isn't enough evidence to substantiate the complaint, the employer should still consider whether any steps are needed to improve the workplace.
If you’re anxious about making a bullying complaint, our employment advocates can support you through the process.
What should I do if my employer ignores the bullying?
Start by following up in writing to formally remind them of your complaint and ask for an urgent update. Give them a timeframe to respond to you in. It is highly recommended to seek outside support from a union or an experienced employment advocate like Mathews Walker to guide you through your options.
If your employer continues to fail you, you may have grounds to raise a personal grievance under the Employment Relations Act. Just keep in mind that you generally have 90 days from when the issue occurred to take this step and protect your rights.
Expert Insights
Learn more about your employer's legal responsibilities and what they should do when a workplace bullying complaint is raised.
Discover the practical steps you can take if you're experiencing workplace bullying and need to protect your rights.
Find out what legally constitutes workplace bullying and how to tell the difference between bullying and reasonable workplace management.