WorkSafe New Zealand, the Government body set up to provide guidance on New Zealand Health and Safety legislation following the Pike River Mines incident, has released new best practice guidelines for ‘Preventing and responding to workplace bullying’.

Employers who have dealt with bullying in the workplace are no doubt aware of what a minefield the process can be.

Accusations of bullying must be treated seriously by employers because bullying is a workplace hazard (resulting in high absenteeism and stress), and because employers must legally treat employees in good faith.

We hope Worksafe’s new guide will help employers recognise bullying in the workplace and will provide extra guidance on appropriate management actions.

The Guide includes:

• A definition of what bullying is;
• Advice for employees who feel bullied, including flowcharts titled “Am I being bullied?” and “What can I do about being bullied?”;
• Guides for employers on how to prevent bullying and how to measure bullying;
• Advice for employers dealing with reported bullying, and a process for preventing and managing workplace bullying;
• Some useful tools for preventing and managing bullying, including a suggested template form for notification of bullying behaviour, a sample bullying policy, and a hazard register.

When responding to allegations of bullying, employers should also follow clear procedures and deal with allegations seriously and promptly.

Not only do employers need to investigate any allegations fully, they must also provide details of the allegations to the alleged bully and allow the alleged bully to properly comment on the allegations before any action is taken.

Alongside the employer’s good faith obligations to the alleged bully, the employer owes the complainant duties of good faith.  This means the employer must investigate the matter and keep the complainant informed of the steps taken.

Following a thorough investigation, an employer will need to decide on an appropriate course of action.  Throughout the process employers should remain neutral and supportive and keep each side informed of the steps the employer is taking.

If you are an employer and are unsure of what steps to take to deal with bullying in your workplace, or if you are an employee who is either bullied or accused of bullying, please do not hesitate to contact us for a confidential conversation about your rights and obligations.