WorkSafe New Zealand has released its Best Practice Guidelines on Preventing and Responding to Workplace Bullying (Guidelines). The Guidelines are supported by a set of online tools which can be used by both employers and employees to help deal with workplace bullying and respond to situations before they get out of hand.
What is bullying?The Guidelines provide a clear definition of bullying, a first for New Zealand. Bullying is defined as "repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety". The Guidelines also provide guidance on what behaviour does not constitute bullying, for example one-off instances of rudeness or reasonable management actions.
The Guidelines profile different types of workplace bullies, and different types of workplace bullying. Bullying does not have to be personal, with the Guidelines introducing the concept of 'institutional bullying', which can occur when a workplace's practices, structures or expectations place unreasonable burdens on employees. One interesting example of 'institutional bullying' cited is pressure placed on employees at banks in Christchurch, who were expected to meet nationally-applied sales targets after the earthquakes.
Why is bullying the employer's concern?It is no secret that happy and healthy employees perform better, and are more productive. Furthermore, employers who fail to appropriately deal with bullying run the risk of breaching a number of legal obligations, including under the Employment Relations Act 2000 (ERA), and the Health and Safety in Employment Act 1992 (HSE Act).
Under the HSE Act, employers have to ensure employees at work are not exposed to hazards. This includes bullying. Employers can be subject to fines of up to $500,000 and imprisonment of up to two years for failing to keep employees safe at work.