Bullying at work is usually repeated, unreasonable behaviour that creates a risk to health and safety. Here is what to document, how to raise it, and what legal options can apply.
Workplace bullying is repeated and unreasonable behaviour that can cause physical or psychological harm. Employees can document the conduct, use internal complaint processes and challenge an inadequate or retaliatory employer response where the legal tests are met.
Workplace bullying is generally described as repeated and unreasonable behaviour directed towards a worker or group of workers that can lead to physical or psychological harm. It can involve intimidation, humiliation, persistent undermining, threats, exclusion or other unreasonable conduct.
A difficult workplace interaction, reasonable instruction, legitimate performance feedback or a properly conducted disciplinary process is not automatically bullying simply because it is stressful or unwelcome. The conduct, repetition, reasonableness and context need to be examined. Equally, calling unreasonable treatment "management" does not prevent it from being challenged if the conduct has crossed the line.
Where practical, make the complaint sufficiently specific that the employer can investigate it. Identify incidents, dates, people involved, witnesses, documents and the effect of the conduct. If there is a bullying, harassment, complaints or health and safety policy, check what process it requires.
The appropriate response depends on the complaint. Serious allegations may require an investigation that is sufficiently independent, fair and thorough. The complainant and person accused should both be treated fairly, relevant evidence should be considered, and the employer should take reasonable steps to address substantiated behaviour and workplace risk.
"Bullying" is not a single standalone Personal Grievance label covering every unpleasant interaction. Depending on the facts, the employment claim may involve unjustified disadvantage, breach of good faith, discrimination or harassment, retaliation, an unsafe workplace, or constructive dismissal where the employer's conduct ultimately causes a resignation.
Time limits need to be considered carefully. Do not assume that an ongoing pattern automatically keeps every earlier event alive indefinitely for PG purposes.
A further issue can arise where an employee complains and is then isolated, moved, warned, performance-managed or dismissed because of the complaint. The employer may still take justified action for genuine reasons, but retaliation or an inadequately investigated response can create separate legal issues.
Bullying at work is usually repeated, unreasonable behaviour that creates a risk to health and safety. Here is what to document, how to raise it, and what legal options can apply.
![KCY v XSH [2026] NZERA 516 - bullying complaint failures, forced transfer and dismissal over promotional gifts](/Images/site/EmploymentAdvocatesAucklandCard.jpg)
In an anonymised retail case, the ERA found that XSH unjustifiably disadvantaged KCY by failing to follow up her bullying complaint, placing her on paid special leave without proper consultation, and directing an immediate store transfer as a fait accompli. Her summary dismissal over expired promotional gifts and a back-office passcode was also unjustified because relevant evidence of common store practice and staff deception was not properly investigated. Compensation totalled $40,000 after contribution reductions, with further lost-remuneration and annual-leave orders.
A sales manager was put on 'special leave' while four bullying/harassment complaints were being investigated, but his phone and laptop were taken and he was removed from the workplace without prior consultation. Five days later he was dismissed for serious misconduct without being given the...
A chef at Coffee Studio was suspended by WeChat without notice or clarification of pay, then ignored when he asked for a meeting and leave records. While on ACC leave for a wrist injury, he was given redundancy notice without consultation. The ERA upheld unjustified disadvantage and unjustified...