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BULLYING IN THE WORKPLACE

BULLYING IN THE WORKPLACE. Definition of Bullying. No Legislative Definition “Bullying may be seen as something that someone repeatedly… does or says to gain power and dominance over another… including any action or implied action, such as threats, intended to cause fear and distress.”

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BULLYING IN THE WORKPLACE

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  1. BULLYING IN THE WORKPLACE

  2. Definition of Bullying • No Legislative Definition • “Bullying may be seen as something that someone repeatedly… • does or says to gain power and dominance over another… • including any action or implied action, such as threats, intended to cause fear and distress.” Evans v Gen-I Limited, unreported, AA 333/05

  3. SO WHAT IS BULLYING? • Bullying versus Harassment • Examples of Bullying • Difficulties

  4. Effects of Bullying on Victims • Reported effects of bullying have been: • Stress, anxiety and tension • Feelings of social isolation at work • Loss of confidence and self-esteem • Loss or deterioration of personal relationships

  5. The law • Health and Safety in Employment Act 1992 • Employment Relations Act 2000 • Various judgments of the courts and the Employment Relations Authority.

  6. When someone is bullied at work • Record all instances of bullying • Record the effects of the bullying • If a personal grievance is raised, it is useful to know what the effects of the bullying have been (e.g. stress, insomnia, mood changes etc.). • Get a medical certificate • Some employees who have experienced bullying or harassment may take stress leave. It is helpful to have a medical certificate linking the doctor’s diagnosis with the bullying. •  Raise the issue with the employer

  7. Organisational culture • Some organisations have a bully culture: • Removing a bully will not solve problem • Just a training course will not work • Typical culture can be... • Hierarchical • Closed-type organisation • Service-type organisations

  8. Eliminating a bully culture • Policy and commitment • Effective complaints procedures / resources • Leadership role modelling • Support for targets and victims • Educational awareness

  9. If you want to take legal action • Do so as soon as possible: 90-day limit for raising a personal grievance (especially important when the date of the grievance is uncertain) • Get specialist legal advice: the law in this area is complicated and some situations may not give rise to a viable claim • Get free legal advice and/or advocacy: • See your Community Law Centre

  10. More information • General resource:www.bullyonline.org/workbully/oz.htm#NewZealand • Workplaces Against Violence in Employment:www.wave.org.nz • Department of Labour:www.osh.govt.nz/publications/factsheets/bullying.html • Human Rights Commission:www.hrc.co.nz/home/hrc/newsandissues/bullyingandsafety.php

  11. THANK YOU

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