This article first appeared in the NZ Herald.
By EMA Manager of Employment Relations and Safety Paul Jarvie
Today New Zealand marks Pink Shirt Day – a national moment to pause and reflect on how we treat one another, and to recommit to workplaces and communities that are safe, inclusive and respectful.
While the day began as a response to bullying in schools, its message is just as relevant to our working lives. Bullying at work is not a personality clash or a rite of passage. It is a genuine workplace hazard and one that carries serious consequences if left unaddressed.
Between one in five and one in three New Zealand workers report experiencing bullying or harassment at work at some point. Psychological harm from work is now a major regulatory priority, alongside physical injury. The harm caused by bullying can be acute and chronic, with some cases ending in suicide.
Bullying at work is defined as repeated and unreasonable behaviour directed towards a worker, or a group of workers, that can lead to physical or psychological harm. The key elements of this definition are repeated, unreasonable and directed. While these interactions may at times feel uncomfortable or challenging, they generally do not meet the threshold for bullying.
Bullying in the workplace is regulated under three main pieces of legislation: the Health and Safety at Work Act 2015, the Employment Relations Act 2000, and the Human Rights Act 1993.
WorkSafe New Zealand clearly regards bullying as a workplace hazard, alongside other psychosocial risks. This means employers have a real and clear duty to put appropriate systems in place – including safe processes for staff to report concerns, fair and timely investigations into allegations, and prompt action to mitigate harm once an issue has been raised.
Under the Employment Relations Act, employers must act fairly, reasonably and in good faith when dealing with bullying complaints. Inadequate handling of a complaint may give rise to a personal grievance.
The Human Rights Act makes it unlawful to harass or discriminate on specified grounds, including age, race, religion, gender and disability. These protections are broad and reflect the diversity of New Zealand workplaces.
Most people have experienced ribbing, teasing, or being the butt of a joke at some point. If these are isolated moments, genuinely good-natured, and occur within a safe environment, they may not present an issue. The line is crossed when behaviour becomes repeated, personal and targeted. This is particularly so when it focuses on a person’s identity, background, or perceived vulnerabilities – and when the person on the receiving end feels uncomfortable or powerless to speak up.
These situations are often compounded by power imbalances. When the alleged bully is a supervisor, manager, long-standing employee, or someone perceived as a “key worker”, reporting can feel particularly risky. Fear of being labelled weak, difficult, or oversensitive frequently leads to under-reporting. In turn, a lack of consequences can reinforce the behaviour, allowing it to continue unchecked.
The effects of repeated and prolonged bullying are well established. Unmanaged bullying can lead to chronic stress, panic attacks, sleep disturbances, insomnia and depression. Loss of self-esteem and professional confidence is common and can result in employees leaving the organisation – often because the employer failed to intervene effectively. Too often, the bullied worker exits, while the perpetrator remains, free to continue the behaviour.
Chronic stress is also a known contributor to physical harm, reduced wellbeing and lower productivity. While public records cannot definitively link workplace bullying with suicide, there is strong empirical evidence suggesting a connection.
Employers can prevent and address bullying by taking a proactive and systemic approach. Clear policies that set expectations around behaviour are essential, as are safe, confidential reporting channels and robust, impartial investigations. Training for leaders and staff may be required, and in some cases, it may become clear that an individual’s behaviour is incompatible with the organisation’s values.
This broader, preventive approach aligns with themes discussed recently on the EMA’s Health and Safety Hub podcast, where I spoke about the need to move beyond “Band-Aid” responses to wellbeing issues. Addressing bullying is not just about responding to individual complaints; it is about building systems, leadership capability and workplace cultures that reduce harm before it occurs.
At the end of the day, bullying in all its forms is harmful, not funny and unlawful. It must be treated with urgency. Unaddressed bullying can lead to profound and lasting harm – all because no one acted when they should have.
The EMA and WorkSafe New Zealand both provide extensive guidance on preventing and responding to workplace bullying, and employers would be wise to make use of it.