A health and safety issue, not just an HR one — and one of the most common
WorkSafe defines workplace bullying as repeated and unreasonable behaviour directed at a worker or group that can cause physical or psychological harm. It's a health and safety risk you must manage under the HSWA — and an employment matter too. Reasonable, fair management action and one-off disagreements aren't bullying, but harassment can be a single incident.
The two key words in WorkSafe's definition are “repeated” and “unreasonable”.
Bullying is repeated and unreasonable behaviour directed at a worker or group that can lead to physical or psychological harm. It can be physical, verbal, psychological or social, and direct or indirect — and it can come from managers, co-workers, contractors, customers or clients, not just from the top down. Equally important is what bullying is not:
| Not bullying on its own | Why |
|---|---|
| Reasonable management action | Fairly managing performance or conduct in a reasonable way is not bullying. |
| A single incident | A one-off rude or insensitive moment isn't bullying — though it shouldn't be ignored, and may become bullying if it forms a pattern. |
| Personality clashes | Differences in style or opinion that don't involve targeted harm aren't bullying. |
Bullying sits alongside harassment, discrimination and violence — and the rules differ.
Unlike bullying, harassment — including sexual and racial harassment — can be a single serious incident, and is also covered by employment and human-rights law. Discrimination and workplace violence are related harms. All of them can damage a person's health and are part of your duty to provide a safe workplace, so it's best to treat “unreasonable behaviour at work” broadly rather than getting stuck on labels.
Bullying and harassment engage both your health and safety duties and your employment obligations.
Under the HSWA, bullying is a psychosocial risk to health, so you must eliminate or minimise it so far as is reasonably practicable. On the employment side, providing a safe workplace is an implied term of every employment agreement, so failing to manage bullying can lead to a personal grievance and remedies through the Employment Relations Authority. In serious cases involving physical harm, conduct can even be criminal. Because these issues often involve employment-relations matters, the ERA is frequently the right forum — and this is an area where it pays to get advice.
Like other psychosocial risks, you control bullying best at the source — the culture — not by waiting for complaints.
WorkSafe points to practical control measures: a clear code of conduct setting out expected behaviour, reporting procedures people actually trust, and training for managers so they model good behaviour and handle issues well. Build and monitor a respectful culture, make it safe to raise concerns, and review your policies so they keep working. Given that a large share of employers have no bullying policy at all, simply having clear, well-communicated expectations puts you ahead.
How you handle a complaint matters as much as the policy — mishandling it can cause its own harm and liability.
Take every complaint seriously, act promptly, and follow a fair process for everyone involved. Keep the person who raised it safe before, during and after any investigation, and offer support. A poorly handled complaint — ignored, mishandled, or leaving the complainant exposed — can itself lead to a personal grievance, so fairness and follow-through are essential.
Bullying and harassment can take a real toll. If you or someone at work is struggling, free, confidential support is available in New Zealand any time: call or text 1737 (Need to Talk?). For advice on a workplace situation, Employment New Zealand and the Employment Relations Authority can also help.
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There's no statutory definition, but WorkSafe defines workplace bullying as repeated and unreasonable behaviour directed towards a worker or group of workers that can lead to physical or psychological harm. The key words are “repeated” and “unreasonable”.
Generally no — bullying involves repeated behaviour, so a single incident isn't usually bullying. It still shouldn't be ignored, and could become bullying if it forms a pattern. Note that harassment, including sexual harassment, can be a single serious incident.
No. Fairly managing performance or conduct in a reasonable way is not bullying, even if the worker finds it unwelcome. The distinction is whether the behaviour is reasonable and conducted fairly, versus unreasonable behaviour that targets and harms a person.
Both. Under the HSWA it's a psychosocial risk you must manage, and providing a safe workplace is also an implied term of employment, so failing to manage bullying can lead to a personal grievance. Because these often involve employment-relations matters, the Employment Relations Authority is frequently the right forum.
Take it seriously, act promptly, and follow a fair process for everyone involved, keeping the person who raised it safe and supported throughout. Mishandling a complaint can itself cause harm and lead to a personal grievance, so fairness and follow-through matter.
