Workplace Bullying

For help with employment matters contact Lois Flanagan (379 4383)

Given the lack of comprehensive research into "Workplace bullying", it is difficult to assess the existence and/or prevalence of this phenomenon in New Zealand workplaces.

Statutory recognition and protection from workplace bullying is limited to provisions in New Zealand's Health and Safety and Employment Act 1992.

The Health and Safety and Employment Act 1992 and Workplace Bullying.

The Health and Safety and Employment Act 1992 (HSEA Act) places robust general duties on both employers and employees. Importantly, the HSEA Act places specific duties on employers in relation to "hazard management".

The amendments specifically relating to workplace bullying extend the definition of "harm" and "hazard" to include "stress" and "fatigue". According to experts, these are primary symptoms of an employee who is the target of a workplace bully.

What is workplace bullying?
There are numerous definitions of workplace bullying yet all contain several salient features. In summary, workplace bullying is:

Repetitive, health-endangering behaviour that amounts to mistreatment having a detrimental effect on an employee's dignity, safety and well being;
About the bully's need for control; and
Involves focused and systematic selection of targets;

Typical workplace bullying can involve physical behaviours, hostile verbal and non-verbal communication, interfering actions, withholding of resources, threats, abuses of power, isolating and degrading behaviours.

A common unconsidered response to the concept of workplace bullying and the proposition that such behaviour is abusive, is that competent management of employees requires "tough", "straight talking", "strong people". Further, complainants of workplace bullying need to harden up – they are "trouble makers", "weak" or "undesirable" employees.

The risk and in particular the costs associated with workplace bullying must be carefully considered before such attitudes prejudice employers against taking all practical steps to protect employees against workplace hazards such as stress.

End Result
According to experts, the risks and costs for employers associated with workplace bullying are decreased productivity, increased absenteeism, high staff turnover, costs related to temporary staff, recruitment and training.

Additional costs include exit packages or settlement agreements for complainants of workplace bullying, costs of litigation and associated legal fees.

Symptoms affecting performance for employers to be wary of include lower concentration, low morale, exhaustion, apathy, burnout, anxiety, and depression.

What do Employers Risk?
Employers face potential liability for personal grievance claims under the Employment Relations Act 2000 and/or claims for breach of their statutory duty to provide a safe and secure workplace. A person convicted of an offence against the HSEA Act is now potentially liable for custodial sentences (maximum 2 years) and/or fines (maximum $500,000.00).

Workplace bullying with its increasing recognition and awareness appears set on a path that will raise questions both for employers and employees. It's implications have the potential to be far reaching and costly for all parties involved.

Should you need any assistance with this, or with any other Employment matters, please contact Lois Flanagan at Parry Field (379-4383).