The Survey of Work and Wellness was conducted by a research team from Massey, Waikato, Auckland and London Universities. The survey defined bullying as occurring when respondents to the survey “experienced at least two negative acts, at least weekly during the past 6 months”. The “negative acts” could include “someone withholding information that affects your performance”, “being ordered to work below your level of competence” and “being exposed to an unmanageable workload”.
We have acted for a number of employees who have raised personal grievances against their employers on account of bullying. These personal grievances usually begin as an unjustified disadvantage grievance (a grievance that alleges that the employee’s conditions of employment have been affected to their disadvantage by unjustifiable actions by the employer). Sadly, these grievances frequently become either a personal grievance for constructive dismissal, because the bullying becomes too much for the employee and they leave, or a negotiated exit package. It is extremely uncommon for these cases to be resolved on the basis of the bully reforming their ways or leaving the organisation.
Conversely, we have acted in other cases where we have represented an employer who has been trying to lift an employee’s performance, only to have the employee raise the spectre of bullying to try to sidetrack a legitimate performance management process.
Real bullying is extremely damaging for both employee and employer. If it is not resolved it can suck other employees into a vortex which leads to a decline in morale throughout the workplace.
As an employer, you must take all practicable steps to prevent and eliminate bullying at work. Failing such steps, the employer can be liable for one staff member bullying another. The first step is to have in place a customised “anti harassment” or “anti bullying” policy. We can draft one of these for you.
Whether you are an employee or employer, if you think bullying is occurring in your workplace, it is important to raise it at the highest level of your organisation and take legal advice. We have the experience to deal with these difficult situations in a sensitive yet robust manner.
For assistance in this area contact Andrew Clemow or Nathan Tetzlaff.
