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EEO TRUST DIVERSITY POLICY SERIES: WORKPLACE BULLYING &
HARASSMENT
What is Workplace Bullying and Harassment?
See simple definitions overleaf.
Workplace bullying and harassment both involve targeted, unwanted and unwarranted behaviour
that a person finds offensive, intimidating or humiliating, and which has a detrimental effect on an
employee’s work and wellbeing.
However there are differences…
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Harassment is unlawful, while bullying is not specifically unlawful.
Harassment can be a one-off incident while bullying is repeated.
Harassment tends to be more overt.
Harassment often focuses on a discriminatory aspect of the target such as ethnicity or
gender, while bullying does not necessarily.
Harassment is often about peer approval / bravado / macho image, whereas bullying is often
about power or dominance over another.
Examples of bullying and harassment…
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Threats
Name-calling
Intimidation
Ritual humiliation
Deliberate exclusion
Physical assault
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Psychological manipulation
Suggestive gestures
Sexual innuendo
Verbal abuse
Provocative posters
Unreasonable demands
What bullying and harassment is not…
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Warnings or other consequences in line with proper procedure
Reasonable work demands and pressure
Mutually consented behaviour
Legitimate non-abusive expressions of frustration about an employee’s actions or lack of
Behaviours which fall in the normal range of what can be expected in the workplace
Firm directions
Infantile jokes
Blunt or abrasive management style
Constructive feedback
Legitimate peer review
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The Business Case
Research continues to show that workplace bullying and harassment has many negative impacts
which are not limited to the individual being targeted. Other poor outcomes include:
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Loss of confidence in management
Absenteeism
Increased employee health issues
Increased workplace accidents
Increased errors and quality issues
Increased turnover
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Legal implications, costs and fines
Loss of reputation
Diversion of management time
Lower creativity and productivity
Unmotivated staff with low morale
New Zealand Law
Workplace bullying and harassment policy can reference and build on relevant legislation including:
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Employment Relations Act 2000
Human Rights Act 1993
Health & Safety in Employment Act 1992
Harassment Act 1997
It is important to note that the Employment Relations Act prohibits harassment by an employer or by
a customer, client or other employee.
The HASE Act requires that employers take all practicable steps to ensure the health and safety of
their employees at work. That includes protection from both physical and psychological harm.
If an employee does not have the issue satisfactorily resolved at work, and wishes to pursue a
complaint of bullying or harassment externally, they need to decide whether to take action under the
Human Rights Act, the HASE Act, or lay a personal grievance under the Employment Relations Act.
Some Facts
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In the three years to November 2013, the NZ Human Rights Commission received 151 sexual
harassment complaints and 87% of those were made by women.
In the Statistics New Zealand ‘Survey of Working Life’, 10% of employed people had
experienced discrimination, harassment or bullying at work in the previous 12 months.
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Online Resources
www.dol.govt.nz/er/services/law
www.legislation.co.nz (search for relevant Act)
www.worksafe.govt.nz (search ‘workplace bullying’)
Checklist for a Bullying & Harassment Free Workplace
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Have a bullying and harassment policy and procedure
Give all new employees a copy
Display where it will be seen
Make the reporting system clear
Make it an annual agenda item for staff meetings – importance, definition, examples,
consequences, what to do
Train line managers to recognise it and deal with it
Take immediate action when breaches occur
Evaluate and report on the effectiveness of the policy at least annually
Insist upon respect between employees at all levels
Sample Workplace Bullying & Harassment Policy & Procedure
Definitions
Bullying is repeated, unreasonable and unwelcome behaviour directed towards another person. It is
a workplace health and safety issue.
Harassment is one or more specific acts targeted at another person with potential to cause
humiliation, offence, or intimidation. It is against the law.
Policy Objective
[Organisation Name] is committed to creating a safe working environment and a positive culture for
all employees and that includes protecting them from bullying and harassment
Principles
We regard both bullying and harassment as unacceptable and will not tolerate it from anyone.
We will ensure that all employees can recognise bullying and harassment and know what action to
take.
We will treat every concern raised seriously, and deal with it following fair procedures.
We will consider both low-key and formal solutions, depending on the circumstances.
Roles and Responsibilities
[Manager / Business Unit] will be responsible for developing, communicating and reviewing the
policy
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[Managers] will be responsible for the day-to-day implementation, support for and monitoring of the
policy
[Employees] will be responsible for meeting the requirements of the policy
Procedures
1. The organisation will communicate the policy to all new employees, annually to existing
employees, and in key workplace locations
2. The organisation will provide training for line managers on an annual basis
3. Employees should immediately report concerns about bullying and harassment to their
manager or the HR manager
4. The organisation will promptly deal with concerns and decide whether a low-key approach
or a formal approach is appropriate, taking into account the wishes of the complainant
5. The organisation will take appropriate steps to protect the complainant which may include
separation from or suspension of the alleged perpetrator
6. If a formal approach is taken the organisation will keep written records and
a. assist the complainant to make a written complaint
b. inform the alleged perpetrator of the complaint
c. explain to both parties the process, timeframe for investigation, rights to support,
requirement for confidentiality and non-victimisation, possible consequences
d. interview the complainant
e. interview the alleged perpetrator
f. interview any witnesses
g. collect any factual evidence
h. consider the evidence and decide whether the allegations amount to bullying or
harassment or something else
i. make recommendations, including whether or not a disciplinary process will
proceed, and communicate these to all parties in writing
7. The organisation will implement the recommendations and monitor the situation ongoing.