Workplace Bullying – What it is, and what it isn’t

Employers must take allegations of workplace bullying seriously, and they need to be investigated promptly and thoroughly.  However, it is important that employers know what constitutes “workplace bullying” and what does not.

How do we define “Workplace Bullying”?

WorkSafe NZ defines workplace bullying as: “repeated and unreasonable behaviour directed towards a worker or a group that can lead to physical or psychological harm”.

Under this definition, bullying is a repeated and unreasonable behaviour, and behaviour may be constituted of physical, verbal, or social behaviours.  

The Health and Safety at Work Act 2015 (The Act) requires that employers prevent or mitigating any accidents or incidents in the workplace that may cause injury or harm to employees.  This includes managing any health and safety risk presented by workplace bullying to an employee’s mental health and wellbeing.  Allegations of bullying, when substantiated, are also grounds for personal grievance which can bring risk and expense to the employer.

If you are faced with this situation, check workplace policies and individual employment agreements to see whether specific behaviours are described as workplace bullying there.  Broadly, workplace bullying can include repeated instances of the following:

• Verbal Abuse: Insults, shouting, or offensive language directed at an individual.
• Exclusion: Deliberate exclusion from activities or information.
• Intimidation: Threats of harm or adverse consequences.
• Undermining Work: Deliberately setting unrealistic deadlines or unachievable tasks.
• Unwarranted Criticism: Excessive or unjustified criticism of work performance.
• Physical Abuse: Any form of physical intimidation or harm.

Harassment is differentiated from bullying, as it may be inferred from a single event and tends to be directed towards a specific characteristic of the victim, including religion, ethnicity, or disability.

What doesn’t constitute “Workplace Bullying”?

When things go bad and emotions are heightened, a lot of actions or behaviours can look or feel like bullying to employees on the receiving end.  Those actions do not always amount to bullying and it is important to identify where they fit.  Examples of what doesn’t amount to bullying on its own include:

• Reasonable Management Action: Actions taken by management to address performance or conduct are not bullying if they are reasonable and conducted in a fair manner.
  
  
• Single Incidents: One-off incidents or occasional disagreements between employees, while not acceptable, may not constitute bullying unless they become part of a pattern of behaviour.
  
  
• Workplace Conflict: Genuine workplace conflict where parties have differing views or disagreements is not bullying unless it involves persistent intimidation or unfair targeting of individuals.
  
  
• Personality Clashes: Differences in personalities or work styles that do not involve targeted harassment or harm.

Next Steps

Understanding the distinction between workplace bullying and other workplace conflicts or issues is crucial for creating a healthy and productive work environment.  Our Workplace Law Team can assist, in drafting a workplace bullying policy, providing tailored advice and assistance if a complaint has been received, or if you are the employee looking to make a complaint alleging workplace bullying.

Chantelle is an Associate in our Workplace Law Team and Mark is a Law Clerk in our Dispute Resolution Team.  Chantelle can be contacted on 021 675 858.