Handling Workplace Bullying Allegations: Why Process Matters
Recent cases have reinforced the importance of following a fair and structured process when investigating workplace bullying allegations. Employers must take all complaints seriously and ensure they are assessed in line with their internal bullying and harassment policies.
Failure to follow a proper process can expose employers to significant legal and reputational risk, particularly where disciplinary action or dismissal results.
What is Workplace Bullying?
Workplace bullying is generally defined as repeated and unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety, including physical or psychological harm.
Informal Stage
Most workplace policies encourage an informal resolution stage where appropriate. At this point, the complainant may choose to raise concerns directly with the respondent and clearly communicate that the behaviour is unwelcome.
All parties should be advised that they are entitled to seek independent advice or support during this process.
Formal Complaint and Investigation
If the matter is not resolved informally, the complainant may escalate the issue by submitting a formal written complaint.
This triggers a formal investigation process, where an independent investigator or nominated person will gather evidence, interview relevant parties, and assess the validity of the allegations.
The investigation will typically consider whether the behaviour meets the legal threshold of being both repeated and unreasonable.
Findings and Response
A draft report is usually prepared and provided to senior management outlining findings and any recommended next steps, which may include disciplinary action.
The respondent must be given an opportunity to review and respond to the draft findings before any decisions are made.
Following this, the employer should issue a preliminary outcome and allow the respondent a final opportunity to comment before a final decision is made. This may include dismissing the complaint or proceeding with disciplinary action, including termination where justified.
Employer Takeaway
Employers must ensure investigations are fair, well-documented, and consistent with internal policy and natural justice obligations. A rushed or incomplete process can undermine outcomes and increase legal risk.
Policy Support
Our Bullying and Harassment Policy and our Code of Conduct Policy template are available for purchase at a 20% discount for the next month.
Members can purchase both policies together for $350 plus GST until the end of July 2026. Discount will be applied at checkout.
Business Canterbury members can also access advice and guidance in this area to help reduce risk.
For further information or advice, please contact Michael Prisk at hradvice@cecc.org.nz.
