FAQ: How Am I Protected If I Make A Complaint At Work?

Whether to make a complaint at work can be a tough decision. Often employees worry that speaking up will make things worse, affect their job security, or damage relationships with colleagues.  Whether you are raising concerns about bullying, harassment, discrimination, safety, pay, or unfair treatment, New Zealand law provides important protections for employees who make workplace complaints.

If you are thinking about making a complaint, it is important to understand your rights, what your employer must do, and how you can protect yourself throughout the process.

How Does New Zealand Employment Law Protect Me?

Several laws protect employees who raise concerns at work.  The main piece of legislation is the Employment Relations Act 2000, which requires both employers and employees to deal with each other in good faith.

Good faith means being active and constructive in maintaining a productive employment relationship. Employers must be honest, communicative, and fair.

Other laws that may provide protection include:

• The Human Rights Act 1993, which prohibits discrimination and harassment.

• The Health and Safety at Work Act 2015, which requires employers to provide a safe workplace, including protection from psychosocial harm such as bullying.

• The Protected Disclosures (Protection of Whistleblowers) Act 2022, which protects employees who report serious wrongdoing.

  
  

Importantly, employers generally cannot punish an employee simply because they have raised a genuine concern or complaint.

What Types of Complaints Are Protected?

Employees may make complaints about many workplace issues, including:

• Bullying or harassment,

• Discrimination,

• Sexual harassment,

• Health and safety risks,

• Underpayment of wages,

• Unfair treatment,

• Breaches of company policy,

• Misconduct by managers or colleagues, or

• Serious wrongdoing within the organisation.  

Even if the complaint is ultimately not upheld, employees may still be protected if they raised it honestly and in good faith.

What Must My Employer Do If I Make a Complaint?

Once an employer receives a complaint, they have obligations to respond appropriately. Employers should acknowledge the complaint and assess its seriousness. Ignoring a complaint or dismissing it without consideration may breach their obligations. A good employer will then investigate concerns fairly and impartially. This may involve:

• Speaking with relevant witnesses,

• Reviewing documents or evidence,

• Giving everyone involved an opportunity to respond, and

• Keeping an open mind until the investigation is complete.  

Employers should avoid making assumptions or reaching conclusions before gathering all relevant information.  

Although complete confidentiality is not always possible, employers should limit disclosure of information to those who genuinely need to know.  Sharing unnecessary details about a complaint may create further problems in the workplace.

Employers should also take steps to ensure employees who raise concerns are not disadvantaged because they made a complaint.  This could include monitoring workplace relationships, adjusting reporting lines, separating employees where appropriate, and addressing any retaliatory behaviour quickly.

Retaliation occurs when someone is treated badly because they raised concerns.  Examples include being excluded from meetings, losing shifts or opportunities, receiving unjustified disciplinary action, being bullied or ostracised, having duties reduced unfairly, or being dismissed.  Retaliation is often unlawful and may give rise to a personal grievance.

What If My Employer Treats Me Unfairly After I Complain?

If you suffer disadvantage because you raised a complaint, you may have legal options.  Under the Employment Relations Act, employees may be able to raise a personal grievance for unjustified disadvantage or unjustified dismissal.   

How Can I Keep Myself Safe During the Complaint Process?

While employers have obligations, there are also practical steps employees can take to protect themselves when making a complaint at work.  

Keep Written Records

Keep copies of emails, text messages, meeting invitations, letters from your employer, and notes or recordings of conversations. If something important happens, make a written note of the date, time, people present, and what was said.  Contemporaneous notes can become valuable evidence later.

Communicate Professionally

Try to remain calm and professional in all communications.  Avoid angry emails or social media posts about the dispute. These can sometimes be used as evidence in later proceedings.

Follow Reasonable Instructions

Unless the instruction is unsafe or unlawful, continue performing your duties as required.  Refusing reasonable instructions may create separate employment issues.

Seek Support

Workplace complaints can be emotionally draining.  Consider obtaining support from a trusted support person, a union representative, or an employment advocate. You may also wish to consider seeing your doctor if the situation is affecting your health.

Ask for Temporary Arrangements

Where necessary, you can ask your employer to consider measures that help keep you safe during the process, such as temporary changes to reporting lines, working from home arrangements, different shifts or locations, or no contact directions between employees.  Not every request must be granted, but a reasonable employer should consider them.

What About Whistleblowers?

Employees who report serious wrongdoing may receive additional protections under the Protected Disclosures (Protection of Whistleblowers) Act 2022.  Serious wrongdoing can include matters such as unlawful conduct, serious health and safety risks, corruption, or misuse of public funds.  The law provides mechanisms to help protect whistleblowers from retaliation when disclosures are made appropriately.

Speaking up at work can feel intimidating, particularly when there is a power imbalance between employees and employers.  However, New Zealand law recognises that employees should be able to raise genuine concerns without fear of punishment.  A good employer will investigate complaints fairly, maintain confidentiality where possible, and take steps to prevent retaliation.

If you believe you are being treated unfairly because you made a complaint, get in touch today for a free consultation.  MathewsWalker.co.nz | 0800 612 355

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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.