What to do if you are working in a toxic or unsafe workplace.
- Anne-Marie Dolan
- 6 days ago
- 5 min read
Most of us spend a big part of our lives at work. So when work becomes toxic or unsafe, it can affect your health, your confidence, your income, and your future. At Mathews Walker, we regularly hear from employees who say things like “I dread going to work,” “My boss yells at me in front of others,” and “I feel anxious all the time.” If that sounds familiar, this blog is for you.
What Is a Toxic Workplace?
A toxic workplace is not just a place where people occasionally disagree. It is an environment where harmful behaviour becomes normal. In New Zealand, employers have a legal duty under the Health and Safety at Work Act 2015 to provide a safe work environment, including psychological safety. They must also act in good faith under the Employment Relations Act 2000.
A workplace may be toxic if it includes:
Repeated verbal abuse
Public humiliation
Threats about job security
Constant criticism without support
Harassment or Discrimination
Racist, sexist, or homophobic comments
Sexual harassment
Being treated unfairly because of age, pregnancy, disability, religion, or ethnicity
Fear-Based Management
Staff too scared to speak up
Punishment for raising concerns
Managers using intimidation
Unsafe Practices
Ignoring health and safety risks
Forcing staff to work excessive hours
Lack of training or protective equipment
Pressure to break rules
Poor Leadership and Culture
Favouritism
Gossip encouraged by managers
High staff turnover
Blame culture instead of problem-solving
Signs You’re in a Toxic or Unsafe Workplace
Here are common warning signs that your workplace may be causing you harm.
Emotional Signs
You might feel anxiety before you start work each day, have trouble sleeping, feel worthless or constantly on edge and that you are losing your confidence at work.
Workplace Signs
The work environment might include regular yelling or aggressive behaviour, unreasonable deadlines or performance expectations, exclusion from meetings or other work activities, sudden changes to duties without discussion, or performance issues being raised without warning.
Health & Safety Red Flags
There may be repeated accidents or near misses, with safety concerns being ignored, lack of proper training and being told to just get it done despite risks.
If your workplace is affecting your mental or physical health, that is a serious issue, not just part of the job.
What should I do if my workplace feels unsafe or toxic?
Start by documenting your concerns. Write down dates and times of any incidents including what was said or done, who might have witnessed it and how it affected you. Keep any emails, text messages, documents regarding your performance and any details of the impact on your health such as medical certificates. Clear records strengthen your position if things escalate.
Make yourself familiar with the details of your employment agreement and workplace policies including workplace bullying policy, health and safety policy and complaint or grievance procedures. Your employer must follow a fair process of dealing with any issues raised. If they are not following their own policies, that may support a personal grievance later.
If you feel safe to do so, raise the issue internally as in many cases, the law expects employees to try resolving issues through internal channels first. You could try an informal approach to start with, raising your concerns directly to the person if you feel able to do so. Focus on the behaviour you are concerned about and the impact it is having on you. An example might be:
“When I’m criticised in front of the team, it affects my confidence. I’d appreciate feedback in private.”
If that doesn’t work, or as an alternative option, you could raise the issue with a manager or HR representative. It is a good idea to put concerns in writing, being clear and factual, and including what happened, why it is a problem and what outcome you would like to see i.e. mediation, workload review, or health and safety improvements. Employers must act in good faith and they must genuinely consider your concerns.
If the behaviour continues, you may need to raise a formal personal grievance under the Employment Relations Act 2000. You generally have 90 days from the incident (or last incident) to raise a personal grievance, or 12 months if it relates to sexual harassment. Raising a grievance does not necessarily mean going to court. It begins a formal process that may lead to negotiation and mediation.
If your workplace is physically unsafe or psychologically harmful, you can also consider raising your concerns with your Health and Safety Representative or, in serious cases, contact WorkSafe New Zealand. Employers must manage risks to mental health, not just physical risks.
What if nothing changes when I make a complaint internally?
If internal steps fail, you may need to seek legal advice from Employment NZ, your union (if you are a member) or an employment advocate. Early advice can prevent mistakes. The next step may be mediation with your employer. The Ministry of Business, Innovation and Employment (MBIE) provides free mediation services. If mediation is unsuccessful, your case may be escalated to the Employment Relations Authority.
If a workplace becomes unbearable, some employees feel they have no choice but to resign. It is important to be careful with this step. If you resign because your employer’s conduct left you no real choice, this may be constructive dismissal. However, constructive dismissal claims are complex and difficult. Always seek advice before resigning if possible. Resigning too early can weaken your case.
How can an Employment Advocate help me with a toxic workplace?
An employment advocate can assess your situation by reviewing your employment agreement, any evidence you have gathered, and the employer’s actions. They can tell you whether they believe your situation meets legal thresholds. They can also help you to draft strong communications such as grievance letters, framing issues correctly and ensuring grievance deadlines are met. They can represent you in mediation speaking on your behalf, negotiating settlement terms, and ensuring you don’t agree to unfair outcomes. If necessary, they can present your case formally at the Employment Relations Authority. Having experienced representation often improves outcomes and reduces stress.
FAQs
Is a “bad boss” the same as a toxic workplace?
Not always. Some managers lack people skills but do not break the law. A workplace becomes legally problematic when behaviour is repeated and harmful, health and safety is ignored, and/or you are treated unfairly or unlawfully.
How long do I have to raise a personal grievance?
Generally, 90 days from the incident or the date you became aware of it or 12 months if the grievance is related to sexual harassment.
Can I be fired for complaining?
Your employer cannot lawfully disadvantage or dismiss you for raising genuine concerns in good faith. Retaliation can strengthen your claim.
Should I quit immediately if it’s toxic?
Not usually. Resigning without advice can affect your income, impact your benefits and weaken potential claims. It is always a good idea to get advice before making major decisions.
What compensation can I receive?
In successful cases, you may receive lost wages, compensation for hurt and humiliation and a contribution to legal costs. The amount depends on the severity of the harm and employer conduct.
A toxic or unsafe workplace is not something you simply have to put up with. In New Zealand, employers must act in good faith, provide a safe working environment and follow fair process when dealing with complaints. If you are experiencing bullying, harassment, or unsafe conditions, seek advice from an expert. You deserve to feel safe, respected, and valued at work. Contact Mathews Walker today for a free consultation. MathewsWalker.co.nz | 0800 612 355
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.
Comments