What Should My Employer Do If Someone Is Bullying Me?
- Anne-Marie Dolan
- Jun 4
- 6 min read
Being bullied at work can make every day feel like a struggle. What starts as rude comments, unreasonable criticism, or being excluded from meetings can quickly affect your confidence, health, and ability to do your job. Many employees are unsure about what counts as workplace bullying, how to report it, and what they should expect from their employer after making a complaint.
The good news is that New Zealand employers have legal duties to provide a safe workplace and to respond appropriately when concerns about bullying are raised.
Workplace bullying is repeated and unreasonable behaviour directed at a worker or a group of workers that creates a risk to health and safety.
What Should I Do If I Am Being Bullied?
Many employees try to tolerate bullying for months before speaking up. Unfortunately, this often allows the situation to worsen. If you believe you are being bullied, start keeping a detailed record of what is happening. Your records should include:
Dates and times,
What happened,
Who was involved,
Any witnesses,
Copies of emails, messages, or documents, and
The effect the behaviour had on you.
Notes taken when the incidents occur can become important evidence if the issue later becomes the subject of a formal investigation.
How Should I Tell My Employer I Am Being Bullied?
In most cases, you should notify your employer in writing. A written complaint creates a clear record that the employer has been informed and allows them to begin responding appropriately. Your complaint does not need to be lengthy or written in legal language. It should simply:
Describe the behaviour.
Explain when it occurred.
Identify the people involved.
Explain why you believe the behaviour amounts to bullying.
State the impact it is having on you.
Ask the employer to investigate and address the issue.
Where possible, provide examples rather than broad statements.
For example, instead of saying ‘John bullies me’ you might say:
"On 3 March, John shouted at me during the team meeting and called my work incompetent in front of colleagues. Similar incidents occurred on 10 March and 17 March."
Specific examples are easier for employers to investigate and assess.
What Should My Employer Do After Receiving a Bullying Complaint?
Once an employer becomes aware of allegations of workplace bullying, they should take the complaint seriously. Ignoring a complaint, dismissing concerns without inquiry, or allowing the situation to continue can expose the employer to significant legal risk. A reasonable employer will usually:
Acknowledge the Complaint Promptly
The employee should receive confirmation that the complaint has been received. The employer should explain the process that will be followed, who will manage the complaint, expected timeframes, and any immediate support available. Employees should not be left wondering whether their concerns are being taken seriously.
Assess Any Immediate Health and Safety Risks
Employers have obligations under health and safety legislation to protect workers from harm. If the complaint suggests there is a significant risk to the employee's wellbeing, the employer should consider immediate protective measures.
One of the most difficult issues during a bullying complaint is when the employee is required to continue to work alongside the person accused of the behaviour. Employers should carefully consider whether ongoing interaction is appropriate. Possible actions might include temporary separation of the employees involved, limiting of direct contact (particularly within reporting lines/teams) and monitoring workplace interactions.
The goal is not to punish anyone before findings are made. Rather, it is to manage risk while the matter is being investigated.
Conduct a Fair Investigation
A proper investigation should be impartial and objective. Depending on the seriousness of the allegations, the employer may:
Investigate internally or appoint an independent external investigator,
Interview witnesses.
Review documents and communications, and
Obtain responses from the alleged bully.
Both parties should have an opportunity to provide information and respond to allegations. A fair process is important not only for the complainant but also for the person accused of bullying.
Keep the Matter Confidential
Confidentiality helps protect everyone involved. While complete secrecy is often impossible, information should generally be shared only with those who need it to investigate and resolve the matter. Employers should discourage gossip and workplace speculation.
Provide Appropriate Support
Bullying complaints can be stressful and emotionally draining. Employers should consider providing support such as Employee assistance programmes (EAP), access to counselling, flexible working arrangements where appropriate, and regular welfare check-ins. Supporting employee wellbeing should be an important part of the response.
What Outcomes Can I Expect From A Bullying Complaint?
Many employees assume that making a complaint will automatically result in disciplinary action against the alleged bully. That is not always the case. The outcome depends on what the investigation finds. Potential outcomes include:
Finding That Bullying Occurred
If bullying is substantiated, the employer may take action such as:
Formal warnings.
Performance management.
Mandatory training.
Coaching.
Changes to reporting structures.
Final warnings.
Dismissal in serious cases.
Finding That Inappropriate Behaviour Occurred But Did Not Amount to Bullying
An investigation may conclude that behaviour was inappropriate even if it does not meet the threshold for workplace bullying. Employers may still take corrective action to improve workplace relationships and behaviour.
Finding That The Complaint Is Not Substantiated
Sometimes there is insufficient evidence to support the allegations. This does not necessarily mean the complainant acted improperly. It may simply mean the employer could not reach a conclusion based on the available evidence. Employers should still consider whether workplace relationships need support or rebuilding.
What If My Employer Does Nothing When I Make A Complaint?
Unfortunately, not every employer responds appropriately. Warning signs of an inadequate response include:
Ignoring complaints,
Refusing to investigate,
Taking no meaningful action,
Allowing the behaviour to continue,
Retaliating against the complainant, and/or
Treating the complaint as a nuisance.
If your employer fails to respond appropriately, you may have several options:
Raise the Matter Again
Sometimes concerns arise because a complaint has become stalled or misunderstood. A follow-up written request asking for an update can be worthwhile.
Raise a Personal Grievance
If the employer's response is unreasonable, you may be able to raise a personal grievance. This could be based on:
Unjustified disadvantage.
Constructive dismissal if you are forced to resign.
Failure to provide a safe workplace.
Employees should be mindful of the 90-day time limit that generally applies to personal grievances.
Seek Legal Advice
An Employment Advocate can help you understand the strength of your position, available remedies, whether a personal grievance should be raised, and what evidence should be gathered.
Involve WorkSafe
In some situations, workplace bullying may create health and safety risks that justify notifying WorkSafe. This is particularly relevant where an employer has failed to manage serious risks to worker wellbeing.
FAQs
Is one incident enough to be workplace bullying?
Usually bullying involves repeated behaviour. However, a single serious incident may still breach workplace policies, health and safety obligations, or other employment law protections.
Can my manager bully me?
Yes. Workplace bullying can occur between managers and employees, between colleagues, or even from employees towards managers.
Can I refuse to work with someone who is bullying me?
Not automatically. However, your employer should assess health and safety risks and consider temporary measures if ongoing contact creates a risk to your wellbeing.
Can my employer tell the alleged bully who made the complaint?
In many cases, the alleged bully will become aware of who raised the concerns because they must be given a fair opportunity to respond. However, employers should still handle the process confidentially and limit unnecessary disclosure.
What if witnesses are afraid to speak up?
This is common in workplace bullying cases. Employers should take steps to create a safe environment for witnesses and should assess all available evidence rather than relying solely on direct witness support.
Can I be disciplined for making a bullying complaint?
Employees should not be punished for raising genuine concerns in good faith. Retaliation against a complainant can create significant legal risk for an employer.
What compensation can I receive if my employer mishandles a bullying complaint?
Depending on the circumstances, remedies may include compensation for humiliation, loss of dignity, and injury to feelings, as well as reimbursement of lost wages and other employment-related remedies.
Should I resign if the bullying continues?
Resignation should generally not be your first step. Seek legal advice before resigning, as leaving employment can affect the options available to you and may have significant legal consequences.
You do not need to tolerate workplace bullying, even if the person involved is senior, influential, or has been with the organisation for a long time. Once an employer is aware of a bullying complaint, they should take reasonable steps to investigate, protect employee wellbeing, and address any confirmed misconduct. Employees who raise genuine concerns should expect to be heard, treated respectfully, and protected from retaliation. If your employer refuses to act, employment law provides mechanisms for holding employers accountable and protecting workers from ongoing harm.
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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