What do I do if I'm Being Bullied at Work?

Experiencing bullying at work can feel isolating and overwhelming, leaving you unsure of how to navigate the toxic environment. No one should have to endure a hostile work environment. Taking action is crucial to regaining your sense of security and well-being. Read on to discover what steps to take if you are being bullied and where to seek help.

What is bullying?

Bullying at work is repeated, unwanted behaviour by one or more people at work which makes someone feel uncomfortable, intimidated, demeaned or unsafe. It is more than just a one‑off bad day.  To qualify as bullying it generally means a pattern of behaviour over time.  Here are some examples of bullying behaviour:

• Being shouted at or spoken to aggressively for no proper reason.

• Being excluded from meetings or important work or left out of information others get.

• Being given unfair or impossible tasks compared to others.

• Regular teasing, insulting or put‑down comments about you at work.

• Threats, intimidation, being pressured to do things you feel you shouldn’t.

• Repeatedly being undermined, your work criticised unfairly, or your status diminished.

  
  

It’s also important to say that not every harsh or stern managerial decision counts as bullying. For example, setting firm performance standards or making a reasonable and fair change to your job is not automatically bullying, it depends on how the behaviour is carried out, how often, and how you feel.

When you’re being bullied at work  iIt can affect your health (stress, anxiety, sleeplessness), how you do your job and your sense of safety at work.  Under New Zealand employment law your employer has obligations to help stop it and you have rights.

What should you do if you think you’re being bullied?

Firstly, take notice of what’s happening and keep a record of what has happened, when (date/time), where, who was present, what was said or done and how it made you feel.  Keep any relevant emails, messages, notes of conversations relating to the bullying and see if there is a pattern to the bullying behaviour.  Determine if the behaviour is repeated or if it is a one off incidence.  

If you believe it is repeated behaviour, and you feel safe doing so, talk with the person who you believe is bullying you.  Tell them how their behaviour is affecting you and ask them to stop.  

You might also want to talk to a trusted colleague or workmate and maybe ask for advice from your union if you are a member, or from someone in your workplace like Human Resources, or your manager, unless the manager is the person causing the issue.

Find out if your employer has a bullying or harassment policy.  If so, it should tell you how to raise a complaint formally.  If there is a formal process, you should make a complaint in writing including your records (dates and events of incidents) and ask for a meeting.  

If nothing changes, you may need to take further action.  If you have made a complaint and your employer is doing nothing, or you still feel unsafe, you can escalate the matter.  In New Zealand you can raise a personal grievance, within 90 days of the bullying incident or when you knew about it, under the Employment Relations Act 2000.  You may wish to get  independent legal advice such as an employment advocate.  

What should your employer do if you are being bullied? 

Your employer has specific obligations under New Zealand law to keep you safe at work, including from bullying. 

Under the Health and Safety at Work Act 2015, your employer (and others who manage or direct work) must take reasonably practicable steps to eliminate, isolate or minimise risks to health and safety, including psychological risks such as bullying.  Under the Employment Relations Act 2000, employers must deal with employees in good faith and provide a safe workplace.

If you raise a concern of bullying, your employer must take your complaint seriously, act promptly and keep you informed of the process.  They need to undertake a fair and reasonable investigation and protect you from any retaliation or further bullying while the issue is being looked into.

Your employer also needs to take steps to stop bullying behaviour if it is found to have occurred such as disciplinary action, changing work arrangements, training or  monitoring.

Ideally your employer should have a clear anti‑bullying/harassment policy in place that explains expected behaviour and how complaints are handled.  In addition they may provide training for managers and employees on respectful work behaviour and recognising hazards and conduct regular reviews of the workplace culture and risk factors for bullying (for example if people are overloaded, communication is poor, or change is happening).

What should you do if your employer does not handle your bullying complaint properly?

If you feel that your employer is ignoring your concerns, doing nothing, or you are still being bullied, you should:

1. Follow up in writing, reminding them  of your complaint, what you have asked for, and the fact you have not seen a meaningful response.  Ask for an update and say you may need to escalate the matter if no action is taken.

2. Seek external advice by contacting your union (if you belong to one) or consulting an employment law expert such as an advocate. 

3. Consider filing a personal grievance against your employer.  Under the Employment Relations Act you generally have 90 days from when you knew (or ought to have known) of the bullying to raise a personal grievance.  This can lead to mediation, or a decision by the Employment Relations Authority, and possibly compensation if your employer has breached your rights.

FAQs

Is being criticised at work always bullying?No. Being given feedback or a performance review is a normal part of work. It only becomes bullying if the behaviour is repeated, unreasonable, targeted, and makes you feel unsafe or demeaned. The difference often lies in how the behaviour is done (tone, frequency, purpose) and how you are treated compared to others.

What if the person bullying is my manager or the boss?The same rights apply. You can raise your concern via your workplace complaint process (HR or another manager). Your employer still has the obligation to act. If the manager is the issue, you can go higher (e.g., top management), or external advice is available.

What if I’m a contractor or casual worker? Do I still have protection?Many protections do apply broadly, especially under health & safety law, but some rights (like personal grievance) depend on your employment status. If you're unsure whether you’re an employee or a contractor, you should check your contract and seek advice.

Can I ask for help from the government agency?Yes.  Employment New Zealand provides info and advice. You can also seek mediation or other forms of dispute resolution.

Will I lose my job if I complain about bullying? You should not be penalised for raising a genuine concern. Your employer must protect you from ‘reprisal’. If you are treated unfairly for complaining, this may itself be a breach of law and you could raise a grievance. However, it’s wise to keep good documentation and seek advice early.

What kind of outcome can I expect if I make a complaint or grievance?

Outcomes vary. Your employer might stop the behaviour, discipline the bully, change work arrangements, provide training, or offer you support. In a personal grievance, compensation may be awarded for hurt, humiliation or financial loss. But records, timing and evidence matter a lot.

Being bullied at work is not something you have to just endure. In New Zealand your employer has legal obligations, and you have rights. The steps you take such as documenting what’s happening, speaking up, and seeking support, can make a real difference. If you believe you are being bullied at work, and your employer is not taking the appropriate steps to address it, get in touch with a legal expert.  Call Mathews Walker for a free consultation today.  MathewsWalker.co.nz | 0800 612 355

Online Form

Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.