Employment Relations Amendment Bill: The Good and the Bad The Employment Relations Amendment Bill has received Royal Assent, officially mak...
Bullying & HarassmentApril 25, 2018
Everyone has the right to go to work and not experience bullying. Workplace bullying is a very serious issue, with recent studies showing one in five employees have felt victimised at some point in their career.
Many bullying claims come from employees against their managers or employers. This emphasises the difficulty in differentiating between bullying and reasonable management action – some employees can claim they feel bullied when being performance managed or having disciplinary action taken against them. Yet, management action taken against an employee is not bullying if it is carried out in a reasonable manner.
Under the Health and Safety at Work Act and the Employment Relations Act, employers have to identify and control hazards that could harm their staff. This includes hazards from undesirable behaviours like bullying; therefore it is important to make the distinction between bullying and reasonable management action. The following are examples of both.
Bullying is repeated behaviour that includes:
Reasonable management action includes:
Employers should have a bullying prevention policy and procedure to address any employee issues. This will ensure that in the event of a claim, the employer can establish that they took reasonable management action to defend any accusation of bullying. Employers should regularly coach managers on the effective management standards and emphasise the bullying prevention policies and procedures in place. When expectations for work and behaviour are clearly demonstrated by management, there is less chance of undesirable behaviour from staff, and good staff conduct is the key to a healthy workplace.
If you have any questions relating to bullying or reasonable management actions, contact us today on 0800 675 700. Our specialist team can answer any questions you may have.