Bullying, Discrimination + Harassment

We provide effective and sensitive advice and advocacy regarding issues of bullying, discrimination and harassment within the workplace.

Bullying

The courts have generally defined workplace bullying as:

• repeated actions

• carried out with the desire to gain power and exert dominance, and

• carried out with the intention to cause fear and distress.

The actions have to be more than just strong management.

Discrimination

You'll usually be able to bring a personal grievance based on discrimination if your employer treats you unfairly on any of these grounds:

• your race or national origins

• your gender identity or sexual orientation

• your relationship status

• you have children or are pregnant

• you're a victim of family violence

• your age (if you're 16 or older)

• disability

• your religious beliefs or political opinions

• your employment status

• you're a union member (or you intend to join), or you're involved in union activities.

Sexual harassment

You may have a personal grievance if your employer or a manager or supervisor sexually harasses you. In this context, sexual harassment means where the other person:

• asks you for sex or some form of sexual activity while either promising preferential treatment or threatening worse treatment or dismissal if you refuse, or

• subjects you to unwelcome or offensive behaviour through words or physical behaviour of a sexual nature, and this has a negative effect on your employment, job performance or job satisfaction. It's irrelevant whether or not you told the person harassing you that their behaviour was unwelcome or offensive.

You may also have a personal grievance against your employer for sexual harassment if one of your co-workers or one of your employer's customers or clients sexually harasses you and your employer doesn't take the necessary action.

If you suffer sexual harassment in the workplace you can bring a personal grievance under the Employment Relations Act or you can complain to the Human Rights Commission under the Human Rights Act.

Racial Harassment

You may have a personal grievance if you're racially harassed by your employer or a manager or supervisor. Racial harassment in this context means where the other person uses language (whether written or spoken), visual material or physical behaviour that directly or indirectly:

• expresses hostility against you, or brings you into contempt or ridicule, based on your race, colour or ethnic or national origins, and

• is hurtful or offensive to you (whether or not you convey this to the other person), and

• has a negative effect on your employment, job performance, or job satisfaction, either because of the kind of language, material or behaviour that it is, or because it's repeated.

If you suffer racial harassment in the workplace you can bring a personal grievance under the Employment Relations Act or you can complain to the Human Rights Commission under the Human Rights Act.