Not All Bad Behaviour Is the Same
Bullying and harassment are two words that get thrown around often in the workplace, and understandably so. Both can be deeply damaging, not just for individuals but for teams and businesses. But they’re not interchangeable, and the legal definitions matter. Understanding the difference helps employers respond appropriately and avoid missteps that could lead to personal grievances or even penalties.
In this article, we’ll break down how bullying and harassment are defined under New Zealand law, the signs to look for, and what actions businesses need to take when these behaviours surface.
What’s the Legal Difference?
The Employment Relations Act 2000 (ERA) and Health and Safety at Work Act 2015 both contain protections against bullying and harassment. However, the distinctions between the two are largely defined by context and intention.
Bullying
According to WorkSafe NZ, bullying is repeated and unreasonable behaviour directed toward a worker or group that can lead to physical or psychological harm. It can be direct (e.g. shouting, public humiliation) or indirect (e.g. social exclusion, sabotage).
Key aspects:
- It happens more than once
- It’s targeted behaviour
- It causes harm or distress
Harassment
Harassment tends to be behaviour that is unwelcome or offensive and may relate to a person’s personal characteristics — such as sex, race, age, religion, or sexual orientation, and is covered under the Human Rights Act 1993 and ERA. It doesn’t have to be repeated to qualify as harassment.
Types include:
- Sexual harassment, as defined in the ERA, includes unwelcome comments, gestures, or contact of a sexual nature.
- Racial harassment involves offensive language or behaviour connected to ethnicity or race.
Why the Difference Matters
While both bullying and harassment can feel similar to the person on the receiving end, they trigger different legal responses. For example:
- Bullying is typically managed under health and safety obligations, and employers must take reasonably practicable steps to eliminate or minimise the risk.
- Harassment, particularly of a sexual or racial nature, has clear pathways under employment and human rights law, including potential for personal grievance claims or complaints to the Human Rights Commission.
Failing to address either can result in legal liability for the employer and reputational damage that’s hard to recover from. We help our clients navigate these matters with tact to ensure you are doing the right thing by all people involved. Its important to seek support early to ensure issues are not only dealt with in the right way, but it can help prevent issues from escalating.
Spot the Signs Early
A one-off instance of poor behaviour may not meet the legal threshold, but it’s still worth addressing early. Pattern recognition is key: has it happened before? Is it causing distress? Would a reasonable person consider it unacceptable?
It’s not always obvious when poor behaviour crosses the line. Managers and team members alike should watch for:
| Signs of Bullying | Signs of Harassment |
|---|---|
| Repeated yelling or belittling | Sexual jokes or comments |
| Deliberate exclusion | Mocking of race or accent |
| Undermining work repeatedly | Unwanted touching |
| Setting someone up to fail | Threats related to personal identity |
| Subtle acts of manipulation | Unwanted behaviour which continues despite requests to stop |
What Should Employers Do?
1. Have a Clear Policy as a starting point
Set the tone with a written policy that defines bullying and harassment, outlines expectations for behaviour, and spells out the complaint process. Your policy should reflect MBIE and WorkSafe NZ guidance, and align with your company values. We can help you get started, get in touch with us if you think your business needs a Policy update.
2. Create Safe Reporting Channels
People need to feel confident speaking up. That means offering more than one way to raise concerns (e.g. direct manager, HR, anonymous option) and being clear about what will happen next.
3. Act Quickly and Fairly
If a complaint is raised, take it seriously. This might mean:
- Conducting an internal review
- Appointing an independent investigator
- Providing interim support for affected parties
The People Project’s Employee Relations support includes licensed investigators who bring professionalism and empathy to complex cases, helping employers navigate risk with confidence.
4. Follow Through
Whether it’s a mediation, a formal warning, or termination, follow the process thoroughly and document each step. Inaction or inconsistency not only undermines trust, but opens the door to personal grievances.
Grey Area? Here’s a Practical Example
A manager regularly comments on a team member’s clothing and appearance. The comments are unwelcome, gender-based, and make the employee uncomfortable.
Is it bullying or harassment?
- If it’s repeated and humiliating, it could meet the definition of bullying.
- If it’s sexual in nature or based on gender, even once, it may meet the threshold for sexual harassment.
The key is how it’s received and whether it creates a hostile or unsafe environment.
When in doubt, seek legal advice or bring in external support to assess the situation impartially. Our HR consultancy services can assist.
Build a Culture Where Harm Has No Place
The most effective way to deal with bullying and harassment is to prevent it altogether. That means embedding a culture of respect, accountability, and care — not just in policies, but in daily actions and leadership behaviours.
The People Project works with NZ businesses to build safe, high-performing teams through practical HR strategies, values-led leadership development, and responsive employment relations support.