Workplace bullying: what it is and what you can do

Updated 1 March 2026 (NZ).

1) What is workplace bullying?

In plain language, workplace bullying is usually not a single awkward conversation or a manager raising performance issues. It is typically a pattern of behaviour that is repeated, unreasonable, and creates a risk to a worker's health and safety.

It often shows up as a mix of: put-downs, intimidation, humiliation, threats, spreading rumours, deliberately setting someone up to fail, or sabotaging their work. It can be overt (yelling, swearing) or covert (exclusion, undermining, setting unrealistic deadlines, constantly shifting expectations).

Bullying is frequently cumulative. Targets often tolerate it for a long time before they realise how bad the pattern has become.

Bullying vs "tough management"

Employers can manage performance, set expectations, and issue reasonable instructions. The difference is the way it is done and whether it becomes repeated, unreasonable behaviour that causes harm or creates a risk of harm.

2) Why bullying matters legally

New Zealand employment law looks at bullying through a few overlapping lenses:

• Health and safety. Psychological health matters. Employers must eliminate risks to health and safety, so far as is reasonably practicable, or otherwise minimise those risks. Workers also have duties to not endanger others.
• Employment relationship obligations. An employer must be a fair and reasonable employer and act in good faith. If an employer fails to keep someone safe, that can be an unjustified disadvantage (and sometimes constructive dismissal).
• Contractual duty of a safe workplace. A safe workplace duty is implied into employment agreements. That can support claims where bullying or unsafe conditions cause stress or psychological harm.

3) What you can do if you are being bullied

Step 1: Document it properly

Evidence wins disputes. Start now. Keep a clear log and preserve documents.

• Incident log: date, time, who, what happened, where, who witnessed it, and how it affected you.
• Save communications: emails, messages, rosters, performance notes, diary invites, meeting notes.
• Medical evidence: if you have stress symptoms, see your GP and keep copies (do not wait until the end).
• Work impacts: changes to duties, hours, targets, warnings, exclusion from meetings, or loss of opportunities.

Step 2: Raise it (in writing) and be specific

Many bullying cases fail because the complaint is too vague. If you want an employer to investigate, you need concrete examples. Your complaint should:

• List the main incidents (with dates) and describe the pattern.
• Explain why it is unreasonable and how it is affecting your health, dignity, and ability to work.
• Ask the employer to confirm what process will be used (policy, investigator, timelines, interim safety steps).
• Request interim controls if needed (different reporting line, separation on rosters, no direct contact, etc).

Step 3: Protect your position and your deadlines

• Do not resign in the heat of the moment. Resigning can be used against you unless the situation is so bad that resignation was the only reasonable option. Get advice before you do anything irreversible.
• Personal grievance time limit: most personal grievances must be raised within 90 days of the relevant action. If the bullying is ongoing, you should still act quickly.
• Ask for safety measures now: a good employer should reduce foreseeable risk while investigating.

Step 4: Escalation options

Depending on the facts, possible pathways include:

• Internal process: using the employer policy, HR, senior management, or an independent investigator.
• Personal grievance: unjustified disadvantage and, in some cases, constructive dismissal.
• Mediation: many disputes settle with an agreed exit, compensation, and a neutral reference.
• Health and safety: where there is risk to health (including psychological health), WorkSafe processes may be relevant.

4) What employers should do (if you are reading this as a manager)

The safest employers do the basics well:

• Have a clear bullying policy and train managers on it.
• Act early when concerns are raised. Delay makes harm worse and increases legal risk.
• Separate the parties where needed to prevent further harm while investigating.
• Run a fair process for both sides. Specific allegations, right of response, and proper records matter.
• Do not retaliate against a complainant (for example, by isolating them, targeting them with discipline, or cutting hours).

5) Common mistakes that blow up a bullying case

• No evidence: the story is believable but cannot be proved.
• Vague complaint: "I feel bullied" without examples and dates.
• Waiting too long: health deteriorates and deadlines are missed.
• Resigning too early: without giving the employer a chance to fix the situation (context dependent).
• Mixing issues: performance management disputes get framed as bullying without separating facts and tone.

6) How we can help

If you are dealing with workplace bullying, we can:

• Turn your notes into a clear, specific written complaint.
• Advise on immediate safety steps to request.
• Raise a Personal Grievance (PG) and run the process through mediation and the Employment Relations Authority (ERA).
• Negotiate exits, compensation, and reference terms (including enforceable settlement documentation).

Legal references (selected)

• WorkSafe - Preventing and responding to bullying at work (PDF) (definition of workplace bullying).
• Attorney-General v Gilbert [2002] NZCA 55 (NZLII) (workplace stress / psychiatric injury; "reasonably practicable" balancing).
• McGowan v Nutype Accessories Ltd (unreported EmpC, AC 11/03, 18 Feb 2003) - public discussion: NZ Herald report; academic discussion: Beck, Resolving Workplace 'Bullying' (2018) (PDF).
• Edmonds v Attorney-General [1998] 1 ERNZ 1 (EmpC) - often only available via paid databases; see discussion: Anderson, School bullying - the legal perspective (PDF).
• Parker v Magnum Hire Limited & Field [2024] NZERA 85 (PDF) (sustained bullying; constructive dismissal / disadvantage findings); related Employment Court: Magnum Hire Ltd v Parker [2024] NZEmpC 69 (decision listing).