Workplace Bullying: Know Your Rights in New Zealand

A tough boss isn’t necessarily a bully. But repeated, unreasonable behaviour that harms your health or safety is a different story, and in New Zealand it’s a workplace hazard your employer is legally required to manage.

What counts as bullying?

WorkSafe NZ defines bullying as repeated and unreasonable behaviour directed at a person that can lead to physical or psychological harm. One-off conflict or reasonable management (like performance reviews or fair discipline) is not bullying. Typical examples include:

Persistent belittling, humiliation, or verbal abuse
Deliberate exclusion or isolation
Setting someone up to fail with impossible demands
Constant undermining of a person’s work

Your legal protections

Bullying sits across two frameworks. Under the Health and Safety at Work Act 2015, your employer (as a PCBU) must manage psychological risk just like physical risk. Under the Employment Relations Act 2000, failing to provide a safe workplace can be an unjustified disadvantage, giving you grounds for a personal grievance

What to do

Document everything. Dates, what happened, who witnessed it.
Raise it formally. Put your concerns in writing to your employer.
Report serious cases to WorkSafe NZ where health and safety is at risk.
Get advice. A grievance must be raised within 90 days of the disadvantage.

We offer a free initial consultation to review your situation and make sure your rights are protected. If you have received a restructure proposal, been told your role is at risk, or already been made redundant, contact McKenzie Law today. The earlier we are involved, the more options you have.

Disclaimer: this article is general information only and is not legal advice. Every situation turns on its own facts. For advice on your circumstances, please contact us directly.

FAQs

My employer said the decision was already made when they “consulted” me — is that legal?

No. Consultation must take place before the decision is finalised, with a genuinely open mind. An employer who has already decided the outcome before consulting has not met the legal standard. This is one of the most common procedural failures in NZ redundancy processes — and one of the strongest bases for a personal grievance.

My role was made redundant, but someone else is now doing very similar work — what does that mean?

It is a strong indicator of a sham redundancy. If the substance of your role has effectively been redistributed or a near-identical position has been created or filled shortly after your disestablishment, the redundancy may not have been genuine. Seek legal advice and document everything you know about what happened to your duties.

Am I entitled to a redundancy payout?

Only if your employment agreement provides for one, or you successfully negotiate one. There is no statutory minimum in New Zealand. However, if the redundancy process was flawed, you may be entitled to remedies through a personal grievance — including compensation for hurt and humiliation and lost remuneration — which can exceed any contractual payout.

My employer gave me 48 hours to respond to the restructuring proposal — is that enough time?

It depends on the complexity of the proposal, but 48 hours is generally very short for a significant restructure affecting your employment. Best practice under NZ law is to provide adequate time to seek independent advice, prepare a response, and genuinely engage. A tight deadline that prevents meaningful consultation is a procedural flaw that can undermine the entire process.

Can I challenge a redundancy if I’ve already signed my exit documents?

If the documents were signed and countersigned by an MBIE mediator, the settlement is likely full and final. However, if you signed an agreement directly with your employer without MBIE involvement, the position may be more complex. Either way, seek legal advice immediately — the window to act may still be open depending on the circumstances.

Talk to McKenzie Law before your next move

At McKenzie Law, we represent employees only — and we have seen every variation of a rushed, predetermined, or retaliatory redundancy there is. If you have received a redundancy proposal, if your consultation felt like a formality, or if you believe your role was not genuinely surplus — we want to hear from you.

McKenzie Law is an Auckland-based employment law firm representing employees across New Zealand — including Auckland, Wellington, Christchurch, Hamilton, Tauranga, and all regions. All content is general in nature and does not constitute legal advice. For advice specific to your situation, contact us directly.