Workplace Bullying and Harassment in New Zealand – Employer Legal Duties and Practical Solutions
Ron Mckenzie | August 12, 2025
Workplace bullying and harassment are more than personality clashes — they are serious issues that harm morale, increase staff turnover, and in some cases, lead to costly legal disputes. In New Zealand, employers have a clear legal duty to create a safe work environment and take immediate action when issues arise.
This guide explains what workplace bullying and harassment mean under NZ law, your responsibilities as an employer, and practical steps to prevent and address these behaviours effectively.
What is Considered Workplace Bullying in NZ?
Under WorkSafe NZ guidelines, bullying is defined as:
- Bullying – Repeated and unreasonable behaviour that creates a risk to an employee’s physical or mental health.
Examples include persistent criticism, exclusion from team activities, or spreading harmful rumours. - Harassment differs in that it often relates to personal characteristics such as race, gender, religion, sexual orientation, or disability. This conduct is unwanted, unwelcome, and causes distress or disadvantage to the targeted person.
The Legal Framework for Employers
Employers must comply with several key pieces of legislation:
Employment Relations Act 2000 – Protects employees from unjustified disadvantage.
Health and Safety at Work Act 2015 – Requires a safe workplace free from risks to health.
Human Rights Act 1993 – Prohibits discrimination and harassment.
Failure to act can result in legal claims, financial penalties, and reputational damage.
Employer Responsibilities
To meet your legal duties and protect your staff:
1. Prevention
– Implement a clear, accessible workplace bullying and harassment policy.
– Ensure the policy includes definitions, examples, reporting channels, and disciplinary consequences.
2. Education
– Train managers and employees on recognising early warning signs.
– Provide regular refreshers and integrate respectful workplace culture into onboarding.
3. Response
– Take all complaints seriously, even informal ones.
– Act promptly to avoid escalation and legal exposure.
How to Handle Workplace Bullying Complaints
Following a structured approach helps ensure fairness and compliance:
Support for Employees Experiencing Bullying or Harassment
Employees who believe they are being bullied or harassed should:
- Document incidents with dates, times, and witnesses.
- Seek support from HR, a union representative, or a lawyer.
- Use formal complaint channels if direct resolution is not possible.
FAQS
Can I be dismissed for making a bullying complaint?
No. Under the Employment Relations Act, retaliation against a complainant can itself be grounds for a personal grievance claim.
Does bullying have to be repeated to be illegal?
In most cases yes, but a single severe incident could still breach health and safety duties.
Can workplace bullying occur between managers?
Yes — bullying can happen at any level, including manager-to-manager or even staff-to-manager.
Bullying and harassment undermine trust, productivity, and wellbeing. As an employer, your duty is clear: prevent harm, act quickly when complaints arise, and foster a respectful workplace.
Protect your business and your team. McKenzie Law can help you:
- Develop compliant workplace policies
- Conduct fair, thorough investigations
- Resolve complaints efficiently and legally
📞 Contact us today for a confidential consultation and expert guidance.
