Recent high profile cases of workplace bullying highlight New
Zealand’s legislative weaknesses in this area, say academics
from Massey University and AUT.

Two cases have featured in the media this week - a Burger King
staff member who was allegedly punched by her manager, and a senior
Auckland Council manager who verbally abused staff, leading to
confidential settlements being paid to whistle blowers.

Both cases show the issue of workplace bullying needs to be taken
more seriously in New Zealand, say Dr Bevan Catley, director of
Massey University’s Healthy Work Group, and Professor Tim
Bentley from AUT’s NZ Work Research Institute.

"The recent cases profiled in the media are a clear indication of
the poor understanding organisations have about bullying, and the
damage that failure to effectively manage bullying can result in,"
says Professor Bentley. "There is a clear need for better
information for employers about the nature of bullying, its
impacts, and how to manage it. Too often good staff have no option
but to quit while the bully remains protected by top management."

Dr Catley says he would be concerned about any suggestions that
such behaviour could be described as a management style. "Hopefully
the current situation prompts senior management at the council to
reflect on how they want people to treat one another in the
workplace - is this the kind of thing they wish the organisation to
be known for?"

He says the cases show the huge human and financial cost of
bullying in the workplace, and that New Zealand’s regulatory
agencies don’t take the problem seriously enough.

"We are well behind Australia, where some states have already
criminalised workplace bullying, while others have a code of
practice. The federal government has also started the process of
implementing a nationwide code of practice," he says.

The Healthy Work Group believes the New Zealand government should
follow suit. In a recent paper the group argued the case for the
development of a New Zealand approved code of practice because
there is currently no government policy or regulatory framework
that specifically addresses workplace bullying.

Dr Catley says there are difficulties with taking a case of
workplace bullying under the Employment Relations Act or the Health
and Safety Employment Act because neither recognise the role that
workplace structures and processes can have in encouraging
bullying.

"An approved code of practice would be a good step, especially if
there is no political will to amend the legislation. While it
doesn’t govern the decisions of the courts, an approved code
of practice gives the judiciary some guidance when making rulings
because they can see what is considered good practice," he says.

The Healthy Work Group’s research shows that many employers
are keen to have a code of practice made available because they
recognise their lack of expertise in dealing with bullying.

"If a company realises it has a problem, but doesn’t know how
to deal with it, they have three options - try and do the best they
can themselves, get a consultant in, or do nothing," Dr Catley
says. "If there was an approved code of practice available, they
could easily adopt it and customise it.

"The issues of cyber bullying and bullying at school gets a lot of
attention, but bullying in the workplace goes under the radar.
It’s completely unacceptable - but until we give both
employers and the courts the tools to deal with it more
effectively, the problem will continue to grow."