Hero Image

Employee Complaints of Favouritism in the Workplace

HR Policies

11 June 2025 (Last updated 19 Dec 2025)

Share on:

There is no doubt that favouritism in the workplace stems from bad management because it opens the door for employee complaints about unfair treatment and discrimination.

All employees are entitled to, and expect to be, treated equally. If there are policies, guidelines, opportunities for development or promotion, frequent communication, and any other work related decisions, employees are well within their rights to assume a fair process will be followed.

Understanding favouritism

Favouritism is not necessarily illegal in the workplace. It depends on why employees are being favoured or disfavoured. If favouritism is rooted in discrimination, harassment, or retaliation it crosses the line from poor management to illegal behaviour.

Most complaints about favouritism in the workplace could lead to discrimination claims. Discrimination in the workplace happens when employers make decisions based on employees’ personal characteristics – traits that would be the basis of unlawful discrimination. Under the Human Rights Act 1993 and the Employment Relations Act 2000 for example, discrimination could be when an employer decides not to hire someone because of race, refusing to promote a woman, demoting employees with disabilities, or terminating employees because of their personal characteristics.

Similarly, if a manager’s decisions are intended to punish employees who have complained of illegal behaviour (such as underpayments or unsafe working conditions), such punishment would also be considered adverse action.

On the other hand, favouritism that is based on other factors may not be discriminatory, even if it is a sign of bad management. For example, if a manager favours an employee who is their friend outside of work, or who is part of a sporting team outside of work, that is not discrimination. Favouritism is exactly what it sounds like: preferential treatment given not because an employee is doing a great job, but for reasons outside of the job performance. Nevertheless, favouritism in the workplace can lead to serious implications such as lower morale, resentment or more complaints of discrimination.

To avoid complaints, it is essential to ensure you treat all employees fairly. Being aware of favouritism or discrimination and developing a strategy to fairly reward and recognise employees can ensure your workplace is fair and productive.

Create strong policies with Peninsula

As an employer, you have the authority to help define procedures and policies in your workplace and Peninsula can help. Our team of specialists can help you limit favouritism or discrimination in the workplace by providing appropriate workplace policy and procedure, advice and documents. Call us today on 0800 459 907.

Have a question?

Have a question that hasn't been answered? Fill in the form below and one of our experts will contact you back.

By clicking submit you consent to our Privacy Policy

Related Blog Posts

HR Policies

Physical Appearance in the Workplace

In today’s society, tattoos and piercings seem to be more prevalent than ever before. Long gone are the days when a bit of ink or a body piercing was the domain of the rebel or outcast. These days, you’re just as likely to discuss your taxes or be sold a house by a person with a tattoo or piercing. As an employer you’re only too aware that first impressions count, especially when it comes to the success of your business. Employees are typically the ‘face’ of your business, so it is natural to want to try and control that image. On the other hand, employees are also human and need the freedom to express their own individuality. But when does the freedom to express individuality become at odds with the need to represent a workplace professionally? This is where things can get tricky – but they don’t have to. Can you set a physical appearance policy? In short – yes. It is within your rights as an employer to set a clear and concise dress and appearance policy and it’s a good idea to present these policies to all prospective employees. This not only sets the dress standards they must meet but will also indicate whether tattoos and piercings are acceptable. If you feel that tattoos and piercings will affect an employee’s performance or ability to perform their job, then you can request that they be covered or removed. Bear in mind, however, that not all tattoos can be judged by the same standards. Some are religious and/or cultural and failing to recognise this could very quickly see you falling afoul of anti-discrimination laws. Therefore, you need to show awareness and sensitivity and be prepared to offer some exceptions to any rules or policies. Instead of having a blanket rule and explicitly stating tattoos are banned, it’s best if you emphasise the importance of your company’s image, and how appearance and attire can either enhance or diminish that image. The same is true of hairstyles, facial hair, hair colours and wardrobe. Can you ask your employees to shave? This depends on the industry they are in, and the role they are undertaking. For instance, in construction if you are working around airborne contaminants, you are required to wear a mask for WHS purposes and facial hair may impede the mask’s protection. In this instance, the employer can ask you to shave your beard for health and safety reasons. But if there are no health and safety issues, and you have specified through formal means (i.e. a policy manual or employee handbook), that there’s a physical standard employees are required to meet, then you can request a clean shaven face. However, employers should be careful asking this, as beards often may be associated with religious beliefs/cultural standards and may cause racial/religious discrimination. But what about hairdos? The same holds true. If it’s an extreme cut or colour, then it needs to be defined in your employee handbook and outlined to your employees, ideally from the moment they are offered employment. You should set the standards yourself, as well as always make yourself available for questions in case your employees are unsure of what is and isn’t acceptable. In fact, if they’re unsure then they should always consult their line manager before any extreme changes are made to their physical appearance that may impact their employment. How can physical appearance affect an employee’s job? There’s no getting around it: having a neat and professional image benefits both the employee and your company’s reputation and image. Quite aside from any beauty bias or supposed halo effect, a well-kept, professional appearance delivers substantial benefits in all social interactions. This can lead to customers and clients feeling more confident in that employee which, in turn, enhances the confidence they feel in your business. The flow on effect is that the employee – assuming they can carry out the requirements of the role in the first place – becomes more effective at their job, simply because they look professional. Of course, what constitutes a ‘well-kept, professional appearance’ will differ depending on the role and industry. For instance, you would expect a law firm to have a different interpretation of professional appearance than a tattoo parlour. In the end you, as the employer, set the standard and tone. How can I avoid physical appearance discrimination? The simplest way is to outline acceptable dress and appearance policies in an employee handbook, and ensure every employee has a readily accessible copy. While dress codes and grooming requirements are legally permitted, they must be enforced in a non-discriminatory fashion and equally across all genders. Employers should still be cautious; you can enforce reasonable appearance and dress policies through a procedurally fair process, so you should avoid discriminatory policies, eg women should only wear skirts. There is such a thing as direct discrimination (I won’t hire X race) and indirect discrimination and steps must be taken to avoid either. Complete HR support Peninsula works with business owners and employers creating effective HR policies and processes. Talk to our team today on 0800 459 907 to find out how we can help you.

HR Policies

Drug and Alcohol Policy Essentials

There are many reasons employers want to keep on top of drugs and alcohol in the workplace. The influence of drugs and alcohol in the workplace can lead to employees exhibiting poor concentration and judgement, to carelessness and risk-taking behaviour. Drug and alcohol use can, in the worst cases, have fatal consequences. At the very least, it impacts work performance, productivity and may severely impact workplace culture. Explain the purpose In your policy, clearly define who must undergo a drug and alcohol test, and when. For instance, employees who regularly operate vehicles may be required to undertake regular random testing, whereas office staff at the same business may not be required to take a random drug and alcohol test, although may still be subject to a test based on reasonable suspicion. You should also note the other instances when you may require an employee to take a test – for example, before being employed, before changing to a safety-sensitive role or after an accident, incident or near miss. There are some strict requirements for employers to request their employees undergo a drug and alcohol test. A test can only be request if: there is a lawful reason for undertaking the test (for example, random testing if the role is safety-sensitive, such as they operate heavy machinery) there is a valid drug and alcohol testing policy. As such, Peninsula recommends you include a provision in your policy for an employee to submit to a drug and alcohol test in the following scenarios: if the employee is involved in an accident or near miss if there is a reasonable suspicion to believe that the employee may be impaired at work, such as if the employee is acting out of character, if there is a smell of drugs or alcohol on the employee or if another person reports seeing an employee partake in drug or alcohol consumption as a pre-requisite for initial employment or changing to a safety-sensitive role if their role is safety-sensitive if they are on a client site and the client requires testing. Describe how the testing process works How are you going to test your employees? What’s the procedure, and waiting times for results? How are you going to make sure your employees’ privacy and confidentiality won’t be breached during or after testing? These questions should be answered and explained in your policy. Lay out exactly how the testing process will work. Assure employees how their results will be kept if they pass the test. Outline disciplinary procedures Another section that needs to be included is the process that follows a failed test, or an employee’s non-compliance with other parts of the policy. An outline of disciplinary procedures is the most sensitive part of any policy, as these procedures will be the focus of any potential drug and alcohol related dispute at your workplace. Employers must ensure the disciplinary procedures are fair, reasonable and proportionate to the offence and test results. Employers are also bound to follow the process they have listed in their policy. It is best you get in touch with Peninsula for some expert advice when it comes to crafting this section of your policy. You may also want to include steps and processes your business is willing to take to rehabilitate or otherwise support employees affected by drug or alcohol addiction. Create safe workplaces with Peninsula Peninsula is one of New Zealand’s largest workplace relations advisers to small- and medium-businesses. We take the complexity out of workplace legislation to help small business employers protect their business and their people. Call us on 0800 459 907 to find out how we can help you.

HR Policies

How to Manage the Use of Company Devices

With businesses adopting a more accessible and mobile culture, more and more employers are providing employees with company-owned devices and assets such mobile phones, tablets, laptops and cars. Whilst the majority of employees will treat company items with the utmost regard, there are some who may not, meaning businesses can cop the brunt of exuberant mobile phone charges, misuse, damage and careless treatment. So as an employer, what can you do to ensure these assets are used appropriately? Tips to remember for employers When employees are on the road and have access to the equipment at home or out of hours, it is impossible to monitor use and treatment of these devices or assets. To offset your concern, implementing associated policies is key. For example, if you provide employees with mobile phones, iPads or laptops clearly outline a policy for use that includes the amount of personal use tolerated, if any. Employers are within their rights to provide devices that are strictly for work use only. Your policy can also determine that devices must not be used for malicious activity that would ultimately damage the business and its function. A similar stance can be applied to company cars. As an employer, you can stipulate when the car can or cannot be used, if a petrol card is provided, or expenses associated are reimbursed. If the treatment of the car is of concern, you can also outline employees’ responsibilities with regards to the cleanliness and care of the vehicle. The inclusion of policies associated with company devices is instrumental in safeguarding you and your business against misuse, overuse or mistreatment. When implementing policies such as this, you must ensure they are thorough, while clearly identifying what is acceptable, and advising what the associated repercussion for misuse will be. We also recommend creating separate policies for each device. Doing so will defuse confusion by identifying what is deemed appropriate for each device. When distributing these company devices, it is best practice to provide the employee with receipt of the device with a copy of the policy, giving them the opportunity to read it and sign a corresponding acknowledgement form. If you make changes to the policy at any time, you must ensure all employees affected are made aware, are provided with a copy of the new document and re-sign an acknowledgement form. Get complete employment support with Peninsula As the leading workplace relations specialist, Peninsula can assist in the construction and implementation of any policies and procedures required for your business. Contact us on 0800 459 907 today to talk to our team members.

HR Policies

The Wrong Office Christmas Party Social Media Post Can Snowball!

Office Christmas parties are a great opportunity for employees to let loose and have some festive fun after a long year of hard work. However, it’s important to be mindful of how your employees use social media at staff events. Inappropriate posts can have serious consequences for both employees and employers, damaging the reputations of all involved.    To help you avoid a poorly judged festive post going viral for all the wrong reasons, let’s delve into the dos and don’ts of social media at office Christmas parties. We’ll also give you a simple five-step guide to setting up a social media usage policy to protect your company from the workplace risks of ‘silly season’. The dos and don’ts of social media at office Christmas parties  You want your office Christmas party to be filled with fun, and not regret. With social media posts potentially reaching an audience of millions, one ill-fated Facebook photo can quickly snowball into a wrecking-ball of a problem.   To avoid this scenario, it’s best to take a proactive approach and lay down clearly defined boundaries from the outset. Here are the dos and don’ts of social media at office Christmas parties:            Dos: Post positive and festive content: This is a great way to show off a company’s culture and boost employee morale. Encourage staff to share photos of the team enjoying the party or wearing woolly sweaters and Santa hats (in the height of summer, no less!), and don’t forget to use relevant hashtags.  Get permission: Before posting photos or videos of colleagues or employees, it’s important to respect people’s privacy and get their permission, especially when they’re letting loose at a work event.  Reinforce the importance of your social media policy:  Most companies have policies in place that govern employee social media use, even outside of work hours. It’s important to make sure your staff are familiar with your company’s policy. An email reminder in the run-up to the festivities never goes amiss. Don’ts: Post inappropriate photos or videos: This includes photos of people who are drunk, disorderly, or in compromising situations. It’s also important to avoid posting anything that could be construed as discrimination or harassment.  Post derogatory comments about the company or coworkers: Even if an employee is just having a bad day, it’s not worth them airing their grievances on social media. Doing so could damage their professional reputation and get them in trouble with the company.  Over-share: It’s important to remember that social media posts are a reflection of the employee and their company. Staff should be careful about what they share, and make sure they’re comfortable with the world seeing it.  Duty of care and social media In New Zealand, employers have a duty to provide a safe and harassment-free workplace. This extends to work-related social events, such as office Christmas parties. Examples of risks related to year-end parties include: employees engaging in inappropriate or unwanted behaviour, such as sexual harassment, offensive comments, or violence excessive drunkenness of employees which may result in placing themselves or others in danger, and employees driving while intoxicated and risking their own and others' lives. If somebody has overindulged and their judgment is impaired, they may post something to social media that breaches the privacy of others. They may post photos or videos on the company social media accounts without gaining permission from people in the photos. Ensuring privacy should be a part of your social media policy. How to be social media savvy at the office Christmas party  Here are a few tips for employees on how to have fun and be safe on social media at the office Christmas party:  Be mindful of what you post. Think about who might see your posts and how they might be interpreted.  Get permission from colleagues before posting photos or videos of them.  Don’t post anything that is inappropriate, offensive, or discriminatory. If you’re unsure, it’s best to err on the side of caution and keep it to yourself.  Don’t over-share. Be careful about how much personal information you share online.  Don’t post about the party while you’re still at the party. You might not be thinking clearly after a few drinks, and you could end up posting something that you later regret. Before you hit ‘post’, mull it over. Those mulled wines might have impaired your judgement! Tips for employers on how to manage social media risks Here are a few tips for employers on how to manage social media risks at office Christmas parties:  Remind employees of the social media policy before the office Christmas party. This will help to ensure that everyone is aware of the company’s expectations and that they’re following the policy.  Monitor social media during and after the office Christmas party. This will help you to identify any inappropriate posts and to take appropriate action if necessary.  Be prepared to take disciplinary action against employees who violate a social media policy. This may include verbal or written warnings, or termination. Last, but definitely not least, have a social media policy in place. This policy should outline the company’s expectations for employee social media use, both during and outside of work hours. The policy should also be communicated to all employees on a regular basis.  Create a workplace social media policy in five simple steps  If you don’t already have one, it’s wise to put a social media usage policy in place before the party season kicks in. Here’s a simple five-step guide to creating a policy tailored to your company.    Identify your goals: What do you want your social media policy to achieve? Do you want to protect your brand reputation, prevent employees from sharing confidential information, or encourage employees to use social media to promote the company? Once you know your goals, you can start to develop specific policies and procedures. Make sure they are specific to your industry and company culture.  Research the law: There are a number of laws that apply to social media use in the workplace, such as anti-discrimination laws, privacy laws, and defamation laws. It is important to make sure that your social media policy complies with all relevant laws.  Get input from employees: It’s important to involve employees in the development of your social media policy. This will help to ensure that the policy is fair and reasonable, and that employees understand and agree with the rules.  Write clear and concise policies and procedures: Your social media policy should be easy to read and understand. It should clearly state what is and is not acceptable behaviour on social media, and what the repercussions will be for breaking these rules and violating the policy.  Communicate the policy to employees: Once you have developed your social media policy, it’s important to communicate it to all employees. This can be done through a variety of channels, such as email, training sessions, or employee handbooks  Remember – the social media landscape is always changing, and your policy will need to evolve to reflect the times too. Be sure to review your policy regularly and update it as needed.  Social media can be a great way to have fun and connect with colleagues at the Christmas party. However, it’s important that staff are mindful of what they post, both for their own sake and for the sake of your business. By following all the tips above, you can make your office Christmas party one to remember (for the right reasons!) and avoid any social media slip ups.   If you’re a Kiwi business owner and unsure about your policies and procedures, speak to the experts today. Call our FREE Advice Line on 0800 459 907 and get all your difficult HR questions answered. Have a question? Have a question that hasn't been answered? Fill in the form below and one of our experts will contact you back. This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

HR Policies

Personal Calls and Texts at Work

Very few employers like the idea of their employees making or taking personal calls and texts during business hours – it is rarely work related, and takes the employee’s mind off the job. Not only that, but it can impact on productivity, performance and service – especially if your employees are in customer view. So how do you manage personal calls and texts in your workplace? While some employers believe all personal phone use during work hours should be prohibited, in reality this may not be practical. So firstly, it is a good idea to determine under what circumstances they are allowed, such as: family matters or emergencies calls from a child’s school or carer it may even be that an employee is expecting some news and providing leeway to make a quick call to find out will help them to re-focus on work Implementing a policy While any of the above situations may warrant personal calls or texts, if they become perpetual you will need to take action. Spending generous company time and resources focusing on something other than work will have detrimental effects on the individual’s performance, as well as the business itself. To assist in managing this, you need a policy in place to clarify the rules. Some things to consider If employees are using company equipment to make or take calls, you can introduce restrictions on the use of this company property. Decide whether some limited personal use is tolerated, or whether the policy strictly prohibits employees from using your business equipment for any non-work related, personal purpose. Make sure that all employees are aware that the amount of communication on business devices, including telephone calls, is monitored. Your policy can state that during normal working hours, personal calls and texts must be limited and will not interfere with carrying out normal duties. Further, the policy can include what consequences will follow in the event of a breach – this is usually disciplinary action, according to your disciplinary procedure. Common policies place limits on personal phone use, for example, mobile phones cannot be used during business hours aside from breaks and lunch. Other policies could encourage employees to be ethical, asking them to limit calls to real emergencies and to keep their personal phones on silent – so not to disturb others. The best protection for your business is to have a comprehensive policy outlining personal phone use at work, providing guidelines to employees on what is and what is not acceptable. Contact us today and speak to a Peninsula specialist about implementing a tailored mobile phone policy for your workplace.

Do you have any questions regarding HR Policies?