Manager Bullying

Manager bullying occurs when a person in a supervisory role uses their position of authority to engage in repeated unreasonable behaviour that creates a risk to health and safety. This goes beyond legitimate management practices like performance management, setting deadlines, or giving constructive feedback.

Common examples of manager bullying include public humiliation or criticism, setting impossible deadlines or workloads, deliberately excluding you from meetings or information you need to do your job, making threats about job security without justification, or consistently undermining your authority in front of colleagues or clients.

The behaviour doesn't have to be intentionally malicious to constitute bullying. What matters is whether the conduct is unreasonable in the circumstances and whether it creates a risk to your health and safety. This includes psychological harm such as stress, anxiety, or depression caused by the manager's behaviour.

It's important to understand that isolated incidents, while potentially serious, don't usually constitute bullying. The law generally requires a pattern of behaviour, though a single severe incident could potentially qualify if it's serious enough to create ongoing psychological harm.

The manager-employee relationship is inherently unequal, with managers holding significant power over employees' day-to-day work experience, career progression, and job security. This power imbalance is what makes manager bullying particularly harmful and why the law provides specific protections against its abuse.

Managers have legitimate authority to direct work, set performance standards, and make decisions about resources and priorities. However, this authority comes with responsibilities - they must exercise their power reasonably and in good faith, and they cannot use their position to intimidate, humiliate, or systematically undermine employees.

The power imbalance also explains why many employees don't speak up about manager bullying. Fear of retaliation, concerns about career prospects, or worry about being seen as unable to handle pressure can all prevent employees from addressing the behaviour early. This often allows the bullying to escalate and become more entrenched.

Understanding these dynamics is crucial for both recognising when behaviour has crossed the line and for building the confidence to take action. The law recognises the vulnerability of employees in these situations and provides strong protections against retaliation for raising genuine concerns about workplace bullying.

New Zealand employment law provides comprehensive protections against manager bullying through several key pieces of legislation. The Employment Relations Act 2000 establishes the right to raise a personal grievance for harassment, while the Health and Safety at Work Act 2015 requires employers to eliminate or minimise workplace risks, including psychological hazards like bullying.

Under these laws, employers have a positive duty to provide a safe workplace, which includes protecting employees from bullying by managers. This means they must have policies and procedures in place to prevent bullying, investigate complaints properly, and take appropriate action when bullying is identified.

The legal test for harassment focuses on whether the behaviour is unwelcome and either repeated or significant enough to have a detrimental effect on the employee. For manager bullying, courts will consider the power imbalance and whether the manager's behaviour was reasonable in the circumstances of their legitimate management role.

Importantly, the law protects employees who raise genuine concerns about manager bullying, even if the complaint is ultimately not upheld. Retaliation against employees for making complaints can itself be grounds for a personal grievance, with potentially significant compensation awards.

Strong documentation is crucial for addressing manager bullying effectively, whether through internal complaints or formal legal action. Start keeping a detailed diary of incidents as soon as you recognise a pattern of problematic behaviour, recording dates, times, locations, what was said or done, and who witnessed the behaviour.

Save all relevant communications, including emails, text messages, or written instructions that demonstrate unreasonable behaviour. Take screenshots of electronic communications and keep copies of any written warnings, performance reviews, or other documents that might be relevant to the pattern of behaviour.

Document the impact of the bullying on your work performance, health, and wellbeing. This might include medical records showing stress-related symptoms, evidence of declining work performance that coincides with the bullying behaviour, or records of time off work due to stress or anxiety.

Consider whether colleagues have witnessed the behaviour and might be willing to provide statements. While workplace dynamics can make colleagues reluctant to get involved, witness evidence can be powerful in establishing that the behaviour occurred and was unreasonable.

Remember that you don't need to prove your case beyond reasonable doubt - employment law uses a lower standard of proof. However, the more detailed and contemporaneous your evidence, the stronger your position will be in any formal process.

Most employment issues, including manager bullying, should initially be addressed through your employer's internal complaint processes. This typically means reporting the behaviour to your manager's supervisor, HR department, or through formal grievance procedures outlined in your employment agreement or company policies.

Before making a formal complaint, consider whether it's safe and appropriate to address the issue directly with your manager. Sometimes behaviour that feels like bullying may be the result of poor communication or misunderstandings that can be resolved through direct conversation. However, if the behaviour is severe or you feel unsafe addressing it directly, move straight to formal complaint processes.

When making an internal complaint, put your concerns in writing and be specific about the behaviour you're complaining about. Reference your documentation and explain how the behaviour is affecting your work and wellbeing. Request a formal investigation and ask for interim measures to protect you while the investigation is ongoing.

Your employer has a legal obligation to investigate complaints of bullying in good faith and take appropriate action if the complaint is substantiated. This might include disciplinary action against the manager, changes to reporting structures, additional training, or other measures to prevent the behaviour from continuing.

If your employer fails to investigate properly or take appropriate action, this can itself be grounds for a personal grievance. Keep records of all communications about your complaint and any actions (or lack of action) taken by your employer.

If internal processes don't resolve the issue, or if your employer fails to address the bullying appropriately, you may need to raise a formal personal grievance. You have 90 days from when the behaviour occurred (or when you became aware it was a problem) to raise a grievance, so timing is crucial.

The personal grievance process typically starts with attempting to resolve the matter through direct negotiation or mediation. Many employment disputes are resolved at this stage without needing to go to the Employment Relations Authority (ERA). Mediation is free, confidential, and often faster than formal proceedings.

If mediation doesn't resolve the matter, you can file a claim with the ERA. The ERA will investigate your claim and make a determination about whether the behaviour constituted harassment and what remedies are appropriate. This process can take several months and involves formal hearings where both sides present evidence.

Throughout this process, you remain employed (unless you choose to resign or are dismissed for other reasons), and your employer cannot retaliate against you for raising the grievance. If they do, this provides additional grounds for your claim and can significantly increase any compensation award.

The remedies available for successful harassment claims can include compensation for humiliation, loss of dignity, and injury to feelings, reimbursement of lost wages, and orders requiring your employer to take specific actions to address the workplace culture or prevent future bullying.

Manager bullying can have severe impacts on both physical and mental health, often extending far beyond the workplace. Common symptoms include anxiety, depression, sleep disturbances, headaches, digestive problems, and increased susceptibility to illness due to chronic stress.

The psychological impact can be particularly severe because the bullying comes from someone in a position of authority, which can undermine your confidence, self-worth, and professional identity. Many victims of manager bullying report feeling constantly on edge at work, dreading interactions with their manager, and experiencing symptoms of trauma.

These health impacts are not just personal suffering - they're legally relevant to any claim you might make. Medical evidence of stress-related illness caused by workplace bullying can support compensation claims and demonstrate the seriousness of the behaviour's impact.

It's important to seek medical help if you're experiencing health problems related to workplace bullying. Your GP can provide treatment for stress-related symptoms and document the connection between your health problems and your work situation, which may be important evidence if you need to take formal action.

Don't underestimate the long-term career impact of manager bullying. It can affect your confidence, performance, and professional relationships in ways that extend well beyond the immediate workplace situation. Taking action to address the bullying is not just about stopping the behaviour - it's about protecting your long-term career and wellbeing.

When manager bullying becomes unbearable, many employees consider resignation as their only option. However, it's important to understand that resigning doesn't necessarily mean giving up your legal rights - in some circumstances, you may be able to claim constructive dismissal.

Constructive dismissal occurs when your employer's behaviour makes your working conditions so intolerable that you have no reasonable choice but to resign. For manager bullying cases, this might apply if the bullying is severe, your employer has failed to address it despite complaints, and continuing to work would pose a serious risk to your health and safety.

However, constructive dismissal claims are complex and the legal test is strict. You generally need to show that you gave your employer a reasonable opportunity to address the problem, that their failure to act was serious, and that resignation was your only reasonable option in the circumstances.

Before resigning, consider seeking legal advice about your options. Sometimes it may be better to take sick leave while pursuing a personal grievance, or to negotiate a settlement that allows you to leave with appropriate compensation and references.

If you do decide to resign, be careful about how you frame your resignation letter. Clearly state that you're resigning due to your employer's failure to address the bullying behaviour, and keep the door open for potential constructive dismissal claims by not accepting that the resignation is entirely voluntary.

Consider seeking legal advice as soon as you recognise a pattern of manager bullying, even before making formal complaints. An employment lawyer can help you understand your rights, assess the strength of your case, and develop a strategy for addressing the behaviour that protects your interests.

Legal advice is particularly important before making internal complaints, as the way you frame and document your concerns can significantly impact the outcome. A lawyer can help you prepare a compelling complaint that meets legal requirements and maximises your chances of a positive resolution.

You should definitely seek legal help if your employer fails to investigate your complaint properly, if you face retaliation for raising concerns, or if the bullying continues despite internal processes. These situations often require formal legal action, and having experienced representation can make a significant difference to the outcome.

Don't wait until the 90-day deadline for personal grievances is approaching - early legal advice can often prevent situations from escalating to formal proceedings. Many employment lawyers offer initial consultations to assess your situation and explain your options without committing to expensive litigation.

Remember that employment law is complex and the stakes are high - your job, your career, and your wellbeing are all at risk. Professional legal advice can help you navigate these challenges effectively and achieve the best possible outcome for your situation.