Bullying and harassment in the workplace

Bullying and harassment in the workplace

We are experiencing an increase of queries about how to deal with allegations of bullying in the workplace.

WorkSafe NZ guidelines define workplace bullying as “repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety “. The definition goes on to explain that:

• Repeated behaviour is persistent and can involve a range of actions over time.
• Unreasonable behaviour means actions that a reasonable person in the same circumstances would see as unreasonable. It includes victimising, humiliating, intimidating, or threatening a person.

Harassment is any form of attention which is not invited or enjoyed and persists to the point of making the person subject to it annoyed, uncomfortable or upset.

Workplace harassment and bullying has an impact on staff morale, productivity and job satisfaction. It can impact on your business by increasing sick leave taken due to stress, staff turnover, and recruitment costs. It may even lead to litigation if not handled correctly.

The Health and Safety at Work Act 2015 requires practices to provide a safe work environment, so far as is reasonably practicable. Claims of harassment and bullying must always be taken seriously and investigated thoroughly.

Bullying

Bullies will pick a target for their bullying and persistently intimidate and manipulate this person. They knowingly use their position to gain control of a situation and an individual.

The target of bullying is often perceived to be a threat by the bully, due to their competence in the job, but it can also be random - anyone for any reason.

Bullying can be subtle at first, but then escalate. It can include verbal and non-verbal communication and interference, such as the withholding of resources from the target so that they are unable to complete their work. This is driven by the need of the bully to control this individual.

Once challenged or if the behaviour is reported, the bully may endeavour to get other employees involved and can cause chaos within the team.

Harassment

Harassment can take the form of offensive jokes, innuendo, rude gestures, unwanted deliberate contact, offensive emails and electronic images. Sexual or racial harassment constitutes serious misconduct and is illegal under the Human Rights Act and the Employment Relations Act.

For more information on sexual and racial harassment login to HealthyPractice and go to Workplace harassment and bullying (healthypractice.co.nz)

What you need to do

If an employee makes a complaint of harassment or bullying

1. If you have Employment Disputes Insurance cover, contact your insurance company to advise them that there may be a personal grievance claim brought against you, and get advice from them.
2. Follow your Workplace Harassment and Bullying policy and a fair process to investigate the claim. We have information about dealing with staff complaints Staff Complaints (healthypractice.co.nz) and how to take undertake a disciplinary process Disciplinary process (healthypractice.co.nz). Seek advice as necessary by emailing business@mas.co.nz or ring 0800 800627.
3. When a decision has been made as to whether harassment or bullying has taken place, the complainant and the alleged harasser will need to be informed of the decision and any actions arising.