Harassment and Bullying Guidelines

Download a flowchart for a guide to Dealing with Harassment.

Here you can access the Step by Step process, but first read the commentary below:

Legal Position

Statute Law in the form of the Human Rights Act 1993 outlaws harassment of employees in connection with their employment. In addition such harassment is also declared illegal under Section 103 of the Employment Relations Act 2000. This means an employee with a harassment complaint in connection with employment matters has a choice of taking a complaint through:

• either through the Personal Grievance provisions as provided for in Section 112 of the Employment Relations Act 2000.
• or Section 75 of the Human Rights Act to the Complaints Division of the Human Rights Commission. (Note: An employee may use either of these procedures but not both).
  
  

Definition

Harassment in a general sense means to unfairly trouble, upset or annoy another person by repeatedly picking on them or singling them out for adverse special attention. In a specific employment relations sense, harassment is defined in the Human Rights Act 1993 as being either sexual harassment or racial harassment.

Sexual Harassment is defined in Section 62 of the Human Rights Act as being circumstances in which any person “makes a request of any other person for sexual intercourse, sexual contact or any other form of sexual activity which contains:

• an implied or overt promise of preferential treatment; or
• an implied or overt threat of detrimental treatment.”
  
  

Section 62 also states that it is sexual harassment if:

• “by use of language (whether written or spoken) of a sexual nature; or
• by use of visual material of a sexual nature
• by physical behaviour of a sexual nature
  
  

Any person subjects any other person to behaviour that:

• is unwelcome or offensive to that person; and
• is either repeated, or of such a significant nature that is has a detrimental effect on that person in respect of their employment.” 
  
  

Racial Harassment is defined in Section 63 of the Human Rights Act as being circumstances in which any person uses language (whether written or spoken), or visual material or physical behaviour that:

• “expresses hostility against, or brings into contempt or ridicule, any other person on the grounds of the colour, race, ethnic or national origins of that person; and
• is hurtful or offensive to that other person; and
• is either repeated, or of such a significant nature that it has a detrimental effect on that other person in respect of their employment.”
  
  

Bullying is another form of harassment.  Workplace bullying has not been specifically defined in legislation or by the Employment Court, as it is a difficult concept.  However, bullying is generally defined as:

"Unwanted and unwarranted behaviour that a person finds offensive, intimidating or humiliating and is repeated so as to have a detrimental effect upon a person’s dignity, safety, and well-being".

Note that under the Health and Safety at Work Act 2015, the definition of hazard includes:

"a person’s behaviour where that behaviour has the potential to cause death, injury, or illness to a person (whether or not that behaviour results from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person’s behaviour)".

Here you can access information on types of bullying behaviours - view
For more information on bullying - view. 

Policy

Under our policy:

• Harassment is unacceptable.
• Where it occurs it will be treated as a disciplinary offence.
• Depending on the seriousness or nature of the offence, an employee may be liable for dismissal in such circumstances.
  
  

Objective

Your objective must be:

• To prevent all harassment including sexual harassment in the workplace.
• To assist employees who may have concerns about the issue.
• Encourage employees with concerns about the behaviour of others around them to discuss the matter with their manager.
  
  

Confidentiality

Confidentiality in dealing with harassment queries or complaints is crucial. Assure employees making enquiries or complaints that all communications and interviews are treated as strictly confidential. Also assure employees that their career prospects will not be jeopardised by virtue of them taking up a legitimate harassment complaint.

Malicious allegations

However any unsubstantiated allegation of harassment shown to be made maliciously should result in disciplinary action against the accuser. Those making malicious complaints also risk the possibility of a claim for defamation by the alleged offender.

Options for concerned employee

Refer employees with a concern, query or complaint about harassment to the Harassment Complaints Procedure.

Back to Specific Types of Misconduct