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BCG Law Ph: 0800 83 83 83
Employment Law

Workplace Bullying

Workplace bullying is serious, damaging, and unlawful. You don't have to endure it. We can help you take action against bullying behaviour and hold your employer accountable.

  • Your employer has a duty to provide a safe workplace
  • Bullying can give rise to a personal grievance
  • You can take action while still employed

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What is workplace bullying?

Workplace bullying is repeated and unreasonable behaviour directed at an employee or group of employees that creates a risk to health and safety. It can take many forms including verbal abuse, humiliation, exclusion, threats, unreasonable workloads, or deliberate undermining of your work.

In New Zealand, your employer has a duty under the Health and Safety at Work Act 2015 to provide a safe working environment, which includes protecting you from bullying. If your employer is aware of bullying and fails to address it, they may be in breach of this duty.

Bullying can also give rise to a personal grievance claim for disadvantage in employment, particularly where your employer or a manager is the person doing the bullying, or where your employer fails to take reasonable steps to stop it.

Important

Keep a written record of bullying incidents including dates, times, what was said or done, and any witnesses. This evidence can be critical to the strength of your case.

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How we can help you

We help you take action against workplace bullying while protecting your position and wellbeing.

Case assessment

We assess whether the behaviour you have experienced meets the threshold for workplace bullying and what legal options are available.

Formal complaints

We help you make a formal complaint to your employer and ensure it is handled correctly under their internal procedures.

Personal grievance

We raise a personal grievance on your behalf where the bullying constitutes a disadvantage in employment.

WorkSafe referrals

Where the bullying is severe or ongoing, we can assist you in making a complaint to WorkSafe New Zealand.

Compensation

We pursue compensation for the harm caused including lost wages, stress, and humiliation where appropriate.

Confidential support

We handle your case with sensitivity and discretion, understanding the personal impact bullying can have.

What the process looks like

Taking action against workplace bullying can feel daunting. Here is what to expect when you work with us.

01

Confidential consultation

We start with a private conversation to understand what has been happening and assess your legal options.

02

Document the behaviour

We help you compile a record of incidents and identify any supporting evidence such as emails or witness accounts.

03

Internal complaint

We assist you in raising a formal complaint through your employer's internal process and monitor how it is handled.

04

Raise a grievance

If the internal process fails or the bullying continues, we raise a formal personal grievance on your behalf.

05

Mediation

We represent you at mediation and work to achieve a resolution that stops the bullying and compensates you for the harm caused.

06

Resolution

We pursue the outcome that is right for you — whether that is compensation, a change in your working conditions, or a negotiated exit.

Restrictions & disqualifiers

Workplace bullying claims can be complex. Here are some things to be aware of before proceeding.

Single incidents

A single incident, however unpleasant, may not constitute bullying in the legal sense. Bullying is generally characterised by repeated behaviour over time.

Reasonable management

Performance management, setting expectations, or issuing warnings — even if uncomfortable — does not constitute bullying if it is done in a reasonable and lawful manner.

90 day time limit

Personal grievance claims arising from bullying must be raised within 90 days of the act or omission that gave rise to the grievance.

Evidence challenges

Bullying often occurs without witnesses or documentary evidence, which can make cases more challenging — though not impossible — to pursue.

Still employed

If you are still employed, taking action requires careful handling to protect your ongoing employment. We advise you on how to proceed safely.

Not sure it qualifies?

If you are unsure whether what you have experienced constitutes bullying, talk to us. Many people underestimate the seriousness of what they have experienced.

You don't have to face this alone

Workplace bullying is serious and you deserve support. Contact us today for a confidential, free consultation.

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