FAQ: What can I do if my employer does not deal with my bullying complaint?
Going to work should not mean bracing yourself for insults, threats or being made to feel worthless. When the person treating you badly is your manager or a coworker, speaking up can feel risky. You might worry that nobody will believe you, that the behaviour will get worse, or that you will lose your job. Your employer should take a bullying report seriously, look into what has happened and take reasonable steps to protect you. You do not have to wait until you are ready to resign before asking for help.
Workplace bullying involves a pattern of unreasonable behaviour towards a worker or group that can cause physical or mental harm. It can come from a manager, a coworker or several people acting together. Bullying can also happen through work messages, emails or online groups, including outside normal working hours.
What is the best way to report bullying?
A clear written complaint is usually the best starting point. It gives your employer something specific to respond to and creates a record. You should start by looking at your employment agreement and workplace policies. There may be a bullying policy or a named person who receives complaints.
If your manager is the person you are complaining about, look for another route, such as a senior manager, HR or the business owner. A union representative or health and safety representative may help you raise the concern.
You can speak directly to the person if you feel safe and want to. You do not need to confront them first if you feel intimidated.
What should my employer do after I report bullying?
Under the Health and Safety at Work Act 2015, employers must protect workers’ health and safety so far as reasonably practicable. This includes managing risks from bullying. Employers also have obligations of good faith under the Employment Relations Act 2000. A report should lead to a response that fits the seriousness of the situation.
Your employer should acknowledge the complaint promptly and consider whether there is an immediate risk to your health or safety. They should discuss support and temporary protective arrangements where needed. These could include a different reporting line or changes to how contact takes place. Offering counselling or an Employee Assistance Programme can help, but it does not replace dealing with the workplace behaviour.
You should be told who is handling the complaint, what happens next and when you can expect updates. They should then commence a fair and impartial investigation into the complaint. The person handling it should consider relevant documents, speak to those involved and give the person accused a fair opportunity to respond. An outside investigator may be appropriate if a senior manager is involved or there is a conflict of interest. Taking your complaint seriously does not mean automatically accepting every allegation. A fair process protects everyone involved.
Information should be shared only with people who need it for the process or to provide support. Complete secrecy may not be possible: the person accused needs enough information to respond fairly. Your employer should take reasonable steps to protect you and witnesses from retaliation. Report any new threats, pressure to withdraw the complaint or unfair treatment after speaking up.
Once the investigation is complete, you should be told whether the complaint was upheld, what action will address the concern and when it will happen. Privacy may limit the details of another employee’s disciplinary outcome. Depending on the findings, action might include clear behaviour expectations, training, changes to working arrangements or disciplinary steps.
Your employer should check whether the response has worked. Closing the complaint on paper is not enough if the behaviour continues.
What if my employer ignores my complaint?
If your employer fails to act when you make a bullying complaint, follow up in writing. Refer to your original complaint and ask for a response by a reasonable date. Explain if further incidents have occurred or your health is getting worse. If possible, escalate the concern to someone more senior. Keep copies of replies, meeting notes and any promised actions.
You should not need to keep sending reminders indefinitely. If your employer dismisses the concern without properly considering it, refuses to act or allows the behaviour to continue, get advice about your options.
An employer’s failure to address bullying may support a personal grievance for unjustified disadvantage. This means the employer’s unjustified actions or failure to act have negatively affected your employment. Whether you have a claim depends on the facts.
When is it time to get external help?
Seek help if:
The behaviour is affecting your sleep, health or ability to work,
The person involved controls your job and you fear speaking up,
Your employer has ignored the complaint or the behaviour continues,
You believe you are being punished for reporting it, or
You are considering resigning or have been offered an exit agreement.
An employment advocate or union representative can help you organise the evidence, write to your employer and understand possible claims.
Employment New Zealand’s Early Resolution and mediation services can help resolve employment problems. If a dispute remains unresolved, the Employment Relations Authority may be able to decide it.
WorkSafe may consider serious failures to manage workplace mental health risks. It does not resolve every individual bullying dispute or award compensation.
Speak to your GP if your health is suffering. If there is violence or an immediate threat, seek urgent help; call 111 in an emergency.
If the situation becomes too difficult to continue working, get advice before resigning. In some cases, being driven to resign may amount to constructive dismissal, but this is not automatic. The circumstances and your employer’s response matter.
If you are being bullied at work and don’t believe that your employer has responded sufficiently or appropriately, contact Mathews Walker on 0800 612 355 or visit www.mathewswalker.co.nz to discuss your situation. Our advocates can help you determine whether to raise a personal grievance and whether there are grounds for constructive dismissal.
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.
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