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

Bullying versus Harassment Examples of Bullying Difficulties

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

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

Record all instances of bullying Record the effects of the bullying o 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 o 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

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

Policy and commitment Effective complaints procedures / resources Leadership role modelling Support for targets and victims Educational awareness

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: o See your Community Law Centre

General resource: Workplaces Against Violence in Employment: Department of Labour: Human Rights Commission: ety.php ety.php

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