Workplace bullying and harassment presents serious risks to the morale and health and safety at work. Recent studies from WorkSafe suggest that between one in five and one in three New Zealand workers report bullying or harassment annually. However, the issue lies with how these reports are being acknowledged and how they are being handled.
This guide will outline what actions could be interpreted as workplace bullying and harassment, tips for drafting a bullying and harassment policy and considerations when investigating workplace complaints.
What is workplace bullying and harassment?
Workplace bullying and harassment is defined as repeated unreasonable behaviour that comes from an employee, manager or customer. Bullying can occur in many forms and cause short-term or long-term psychological and physical harm. Identifying signs of bullying is crucial to stopping the problem before it gets worse.
Common examples of workplace bullying include:
- Being aggressive, intimidating or humiliating.
- Threatening behaviour.
- Spreading rumours, playing practical jokes and teasing.
- Excluding someone from team or work-related activities.
- Purposely overworking an employee, giving too little work or withholding information which allows them to work effectively.
- Displaying offensive material.
- Pressure to behave in an inappropriate manner.
Not all one-time instances of unreasonable behaviour count as bullying in the workplace, but they can reveal a deeper underlying problem which may escalate if it goes unresolved. However, even single acts of bullying related to age, race or sex are in breach of discrimination laws and can lead to disciplinary processes, potentially resulting in formal disciplinary action up to and including termination.
Types of bullying
There are different types of bullying and bullying behaviours. Bullying can be physical, verbal, or social. For example, excluding someone from a peer group or spreading rumours can be social. Common bullying behaviours fits in two main categories:
- Attacks that are direct and personal, or
- Indirect and task-related
Bullying can be carried out in a variety of ways including through email, text messaging, internet chat rooms or other social media channels.
What is not considered bullying?
In some cases, an employee may misinterpret a situation as bullying. For example, an employee may feel targeted because an employer may be starting a formal process however they may have justifiable reasons to do so. Unless a process is being conducted unfairly, the following will generally not be considered acts of bullying:
- Disciplinary procedures
- Giving constructive feedback
- Telling employees how to do their work
- Performance management reviews
When can bullying happen?
Bullying can happen at any levels and time.
- It is not limited to managers targeting staff or staff targeting managers- it can also happen between co-workers, and between workers and other people at workplaces such as clients, customers or visitors.
- It can occur when behaviour is allowed to occur that offends or unduly stresses or unreasonably burdens workers without concern for their wellbeing.
- It can be carried out by one or more persons.
- It can be directed at a single person or a group.
- It may occur outside normal work hours.
Impact of workplace bullying
Workplace bullying and harassment can negatively impact the business' reputation, workplace morale and health and safety.
Employers must address any complaint of bullying in a timely manner to minimise any impact this may have on all parties. If not addressed effectively, staff may feel that such behaviours are condoned, and this may directly impact morale and productivity. This may also affect staff welfare resulting in poor mental health or an increase of absenteeism due to feeling unsafe at work.
A part of this addressing complaints will be providing the appropriate support to victims feel safe while conducting their work. Employers must address any complaint of bullying in a timely manner to minimise any impact this may have on all parties.
Managing workplace bullying
When an incident of bullying happens at work, it is crucial to resolve the situation quickly as bullying poses a risk to workers’ health and safety.
Reporting bullying and harassment in the workplace can be tricky depending on who is involved. If there is conflict between an individual or a group of employees or another customer, the problem should be reported to a manager or HR representative. Or if the behaviour comes from a manager or someone in a higher role, the problem can be reported to a third-party.
If a worker is being bullied by a co-worker, they can make a formal complaint to their manager or HR representative. A formal investigation may take place and if the bullying is proven then an employer can commence with a formal disciplinary process to determine any appropriate outcomes.
Bullying and harassment in the workplace can have psychological effects on people. Be sure to provide stress relief and emotional support to those affected by bullying.
Creating a workplace bullying policy
To promote a safe and supportive working environment, all organisations should have a workplace bullying and harassment policy. An effective policy clearly outlines:
- The definitions of bullying and harassment
- Examples of behaviour which define bullying and harassment
- Examples of behaviour which do not define bullying and harassment
- Policies and procedures to reduce the risk of bullying and harassment
- Disciplinary procedures and the fair grounds for dismissal
- Confidentiality agreements
To help employees understand these policies and procedures, offer bullying and harassment training regularly to keep the principles fresh in their mind.
Responding to bullying claims
An employee may raise a personal grievance for bullying if they believe that they have been bullied or harassed at the workplace and the employer failed to address the issue and failed to provide them with a safe workplace. If their grievance was in relation to discrimination, then they may complain to the Human Rights Commission.
For initial advice on how to manage bullying in the workplace, contact Peninsula.
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.
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