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Workplace Bullying NZ

Workplace Bullying

What It Is

Workplace bullying is repeated and unreasonable behaviour directed toward an employee that creates a risk to health and safety. It can be verbal, physical, psychological, or digital.
Bullying harms dignity, isolates victims, and often leads to stress-related illness or resignation.

Bullying may give rise to multiple legal claims, including:

  • Unjustified disadvantage (ERA 2000 s 103(1)(b));
  • Constructive dismissal (if the bullying forces resignation);
  • Breach of health and safety duties (HSWA 2015 s 36); and
  • Breach of good faith (ERA 2000 s 4).

Your Rights and the Law

  • Employment Relations Act 2000 (ERA 2000):
    • s 4 – Requires employers to act in good faith, responding promptly and constructively to complaints.
    • s 103(1)(b) – Allows a personal grievance for unjustified disadvantage caused by bullying.
    • s 103(1)(a) – If bullying leads to resignation, you may claim constructive dismissal.
    • s 103A – Defines the test of justification: could a fair and reasonable employer have acted that way?
  • Health and Safety at Work Act 2015 (HSWA 2015):
    • s 36 – The primary duty of care requires an employer (PCBU) to ensure, so far as reasonably practicable, the health and safety of workers.
    • Bullying is recognised by WorkSafe NZ as a psychosocial hazard under HSWA 2015.
  • Human Rights Act 1993 (HRA 1993):
    • s 62 – Prohibits sexual harassment (a form of bullying).
    • s 63 – Prohibits racial and other harassment.

Process (How a Case Generally Proceeds)

  1. Document Behaviour – Record incidents with dates, times, witnesses, and any communications.
  2. Raise Complaint Internally – Submit a written complaint requesting formal investigation.
  3. Employer’s Investigation – Must be prompt, fair, impartial, and protective of confidentiality.
  4. Outcome Actions – Employer must take corrective steps (warnings, training, separation, or termination).
  5. Personal Grievance – If unresolved, raise within 90 days under ERA 2000 s 114.
  6. Mediation – The Ministry of Business, Innovation & Employment (MBIE) provides free mediation to seek early resolution. The process is voluntary and both parties must agree to attend. Most cases reach resolution at Mediation.
  7. Employment Relations Authority Investigation – If unresolved, a Statement of Problem is filed; the Authority investigates and issues a written determination.
  8. Employment Court Appeal – For complex, precedent-setting matters or errors of procedure or law.

Potential Outcomes / Remedies

  • Compensation for humiliation, loss of dignity, and injury to feelings (ERA 2000 s 123(1)(c)(i)).
  • Lost wages (if bullying caused absence or resignation).
  • Orders to reinstate or transfer employees.
  • Employer directives to implement anti-bullying measures or training.
  • Penalties for serious breaches of good faith (ERA 2000 s 4A).
  • Health and safety enforcement by WorkSafe for serious psychosocial risks.

Take Action Today

If you’re experiencing bullying or harassment at work, you don’t have to face it alone.
Get in touch with us to arrange a no-obligation consultation about your situation. We’ll assess your case, help you document the bullying, raise a formal complaint, request your employment file, and help you pursue the justice and compensation you deserve.