Pink Shirt Day: Commit To A Safer, Kinder Work Environment
Bullying isn't just a schoolyard problem. On Pink Shirt Day, we're reminded of the severe harm bullying can cause in the workplace and the responsibility we all share to call it out and do our part to prevent it.
Workplace bullying is repeated, unreasonable behaviour that causes physical or psychological harm. Bullying isn't always loud or obvious and often includes subtle actions like exclusion, constant criticism, or the act of setting someone up to fail. While not every unpleasant workplace experience is bullying, the nature and context of the communication or behaviour may lend itself to bullying behaviour.
The recent 2024 case of Parker v Magnum demonstrates how sustained patterns of psychological mistreatment, even when subtle, can constitute workplace bullying, leading to significant mental and physical health consequences for employees.
One of the behaviours that Mr Parker experienced at the hands of a senior member of staff was the frequent and repeated overt and implied threats about Mr Parker's job being 'in jeopardy,' particularly during periods of business stress. This created a persistent sense of instability and fear. Mr Parker was allegedly excluded from meetings, audited unfairly, and accused of misusing company time. Witnesses described a cycle of emotional manipulation, where the senior staff member would at times be threatening and abusive and at other times offer false flattery to staff.
The effects of bullying can be severe, including increased stress, anxiety, depression, and isolation for the person targeted. Witnesses suffer too, and toxic work culture quickly erodes productivity, increases absenteeism, and creates turnover problems. When bullying becomes normalised, everyone loses.
Under the Health and Safety at Work Act, employers must take all reasonably practicable steps to protect workers against harm from hazards and risks. Bullying is a workplace hazard. That means an employer must protect its employees against bullying behaviours, including acting on complaints, investigating thoroughly, and preventing recurrence.
The case of Higgs v Canterbury Relocations Ltd highlights just how seriously employers must take their legal duty to provide a safe and respectful work environment. Employed by Canterbury Relocations Ltd, a removal and storage company, Ms Higgs endured a toxic workplace culture driven by her manager's bullying behaviour, including aggression, excessive demands, and persistent verbal abuse. Despite raising concerns multiple times, no meaningful steps were taken by senior leadership, the company director even dismissing her complaints with the phrase, "that is what he is like."
Subjected to emotional distress, Ms Higgs ultimately suffered a mental health crisis and resigned. The Employment Relations Authority later found that Canterbury Relocations had breached its contractual obligation to provide a safe workplace and awarded Ms Higgs $15,000 in general damages.
This case is a powerful reminder that workplace bullying isn't just a moral or cultural issue, it's a legal one. Ignoring bullying can lead to serious legal and reputational consequences for an employer.
Too often, employees fear being labelled a 'troublemaker' or 'problem child' when they raise concerns. But silence enables harm. Pink Shirt Day is a timely reminder that speaking up is an act of courage and care, for yourself and others.
When making a complaint, try to:
Be specific – include dates, behaviours, and impacts.
Look to your workplace's bullying and harassment policies to determine how to best approach the complaint.
Workplaces should be places where people feel safe, valued, and able to do their best work, not places of fear or distress. Whether you're an employer or employee, Pink Shirt Day is your opportunity to challenge stigma, foster inclusion, and commit to a safer, kinder work environment.
If you are concerned about raising bullying and harassment concerns, BuckettLaw can assist in drafting a complaint or raising a personal grievance if your employer is not meeting its obligations and duties of care towards you.
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