CLASSIFICATION
BULLYING, RACISM,
HARASSMENT AND
DISCRIMINATION POLICY
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
1
CLASSIFICATION
CLASSIFICATION
Contents
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
1
Policy Statement
3
Purpose
3
Application
4
Responsibilities
4
The Ministry’s responsibilities 4
People and Capability responsibilities 4
Management responsibilities 4
Employee responsibilities 5
PSA Representative responsibilities 5
DEFINITIONS:
6
Bullying 6
Harassment 7
Racism - Racial Harassment 8
Sexual or Gender Harassment 9
Unlawful Discrimination 10
Other definitions 10
Prevention 11
Support 11
Confidentiality
11
Reporting bullying, racism, harassment or discrimination
12
Anonymous complaints
13
Options for addressing bullying, harassment or discrimination
13
INFORMAL RESOLUTION OPTIONS
13
FORMAL COMPLAINTS
15
Support and assistance
16
False complaints
17
Appendix 1 – Examples of behaviour that may amount to bullying
18
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
2
CLASSIFICATION
CLASSIFICATION
Policy Statement
• The Ministry for the Environment (MfE) will not tolerate bullying, racism, harassment or
discrimination in its workplaces. The Ministry is committed to creating a flourishing
environment, for every generation, where our EDGE behaviours are embedded in what we
do.
• All MfE employees have a shared responsibility for fostering a culture where we all own and
demonstrate positive health, safety, and wellbeing behaviours.
• We acknowledge our responsibility to respect and keep each other safe.
• We are committed to providing a safe and healthy work environment for our employees and
other individuals who visit or work with us. Harassment, racism, bullying and discrimination
are unacceptable behaviours within MfE.
• We want to encourage and empower employees of MfE to address bullying, racism,
harassment and discrimination conduct in a safe, appropriate solution focused way. To
ensure that those who raise concerns under the ‘Bullying, Racism, Harassment and
Discrimination Policy’ (Policy) are received in good faith, fairness and are without any
disadvantage.
• We affirm that where conduct is in breach of the Policy, the appropriate action is used in
resolving the breach and preventable measures are put in place to avoid its reoccurrence.
Purpose
The purpose of the Policy is to:
• Clearly state MfE’s commitment to supporting a diverse and inclusive workplace with a focus
on employees’ wellbeing.
• Define workplace or work-related harassment, racism, bullying and discrimination.
• Confirm that behaviour of this kind is unacceptable at MfE.
• Outline a complaints process for bullying, racism, harassment and discrimination.
• Provide options to resolve complaints of bullying, racism, harassment and discrimination.
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
3
CLASSIFICATION
CLASSIFICATION
Application
The Policy applies to all employees, co-locators, contractors and inter-agency secondees, working for or
with MfE employees. It applies to behaviours that may occur in the workplace, during work events held
both within and outside of the workplace. The Policy also covers the pre-employment process for those
applying to work for MfE.
It’s important to understand that we can only take action in respect of reported bullying, racism,
harassment or discrimination that is sufficiently connected to the workplace and to our employees,
contractors or co-locators.
Responsibilities
The Ministry’s responsibilities
• Maintaining a process to prevent and respond to bullying, racism, harassment and discrimination.
• Ensuring those processes and systems are fit for purpose and regularly reviewed.
• Ensuring MfE staff understand what constitutes workplace bullying, racism, harassment and
discrimination and are aware of their responsibilities in ensuring a safe workplace.
People and Capability responsibilities
• To provide policies and procedures to support the organisation in responding to a complaint.
• Inform and support managers on their obligations.
• To provide information, advice and support options where a person believes bullying has occurred
at any level of the organisation.
• Advice will include options for resolution, appropriate courses of action and the support available.
Management responsibilities
All Management staff (at all levels) must:
• Ensure all MfE staff understand what constitutes a breach of this Policy.
• Be proactive at addressing any instances of behaviour that they observe to prevent
escalation into bullying, racism, harassment or discrimination.
• Lead by example, demonstrating behaviour that is appropriate.
• Helping the Ministry to develop and support a culture where bullying, racism, harassment
and discrimination cannot thrive.
• Be open and approachable so that their people are confident to raise concerns about
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
4
CLASSIFICATION
CLASSIFICATION
inappropriate behaviours that may be in breach of this Policy.
• Where possible and appropriate, look for solutions with the support of People and Capability
before escalating an issue.
• Have knowledge of the process that an alleged/reported complaint should go through.
• Accept that perceptions of behaviour in breach of this Policy may need to be clarified.
• Accommodate cultural aspects that may need to be considered throughout the process.
• Seek support for themselves, to protect and respond to their own wellbeing needs when
dealing with cases of bullying, racism, harassment or discrimination.
• Before commencing on any process, engage with your P&C Advisor/Business Partner – they
are there to discuss the best approach and guide you through the process.
Employee responsibilities
All employees (including managers) must:
• Not breach this Policy.
• Avoid behaviour that endangers or causes unnecessary distress to others.
• Report incidents of bullying, racism, harassment and discrimination against themselves, and
where possible keeping records of behaviours.
• Where possible, speaking up about instances of bullying, racism, harassment and
discrimination that they are witness to.
• Consider informal ways to resolve incidents.
• Maintain confidentiality of any complaint proceedings that they are party to.
• Accept that perceptions of behaviour in breach of this Policy may need to be clarified.
• Accommodate cultural aspects that may need to be considered throughout the process.
PSA Representative responsibilities
• The PSA representatives can help foster a positive and respectful culture and help to ensure
that all our staff can access the information they need.
• May become aware of and support members through the complaint process.
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
5
CLASSIFICATION
CLASSIFICATION
DEFINITIONS:
Bullying
Bullying is any repeated and unreasonable behaviour directed towards a worker or a group of workers
that has the potential to lead to physical or psychological harm:
•
Repeated behaviour is persistent (occurs more than once) and can involve a range of
different actions over time and by more than one person.
•
Unreasonable behaviour means actions that a person in the same circumstances would see
as unreasonable. It includes victimising, humiliating, mocking, intimidating, or threatening a
person. It also includes harassment, discrimination, or violence of any kind.
• A
worker includes all people working for MfE, including employees, contractors, co-locators,
placements, and inter-agency secondees.
Bullying can include acts of the kind described in the Harassment Act 1997 and the Harmful Digital
Communications Act 2015, where there is a sufficient connection to the workplace.
The following are examples of some of the behaviours that may be associated with bullying:
• Constant blaming for errors in a non-constructive way.
• Unreasonable demands.
• Extreme criticism of person’s ability.
• Insults or put downs.
• Social exclusion.
• Shouting and verbal aggression.
• Selective sharing of information.
• Isolating or ignoring an employee on a constant basis.
• Cyberbullying.
• Victimisation.
• Physical intimidation or aggression.
• Abuse of power.
• Repeated hostile behaviour.
Other examples of potential bullying behaviours are outlined in the Appendix of this Policy.
A single incident of unreasonable behaviour is not considered workplace bullying. A one-off incident
would be investigated in line with our misconduct/serious misconduct disciplinary process.
The following behaviours are not considered workplace bullying:
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
6
CLASSIFICATION
CLASSIFICATION
• One-off or occasional instances of forgetfulness.
• Friendly discussion, light-hearted exchanges, non-sexual, mutually acceptable jokes and
compliments by all parties involved.
• Issuing a reasonable instruction and expecting it to be carried out.
• Warning or disciplining someone in line with the organisation’s Policy.
• Insisting on reasonable standards of performance in terms of quality, safety and team
cooperation; legitimate criticisms about work performance (not expressed in a hostile
manner).
• Giving constructive feedback and requiring justified improvement.
• Assertively expressing opinions that are different to others (in a non-hostile manner).
• Free and frank discussions about issues or concerns in the workplace, without personal
insults.
Harassment
Harassment is any type of unreasonable, unwelcome comment or behaviour which offends, humiliates
or intimidates the person it is directed at. It may be repeated or be a one-off incident which is
significant enough to lead to physical or psychological harm on.
Occasional differences of opinion, conflicts and problems in working relationships are a normal part of
working life and do not necessarily constitute harassment.
Examples of harassment may include, but are not limited to:
• Displays of offensive or derogatory material.
• Comments or jokes regarding or referring to an individual’s gender or sexual identity, as a
member of the LGBTTQIA+ community, or personal relationships.
• Deliberately excluding or ignoring people with the intention of isolating or hurting them;
• Leering (suggestive staring) or other offensive gestures.
• Unwelcome remarks, slurs, jokes, taunts, suggestions about a person's body, clothing, age,
sex, marital status, family status, physical or mental disability, pardoned conviction, or other
personal characteristic.
• Jokes or practical jokes that embarrass or insult someone.
• Patronising or condescending behaviour.
• Spreading rumours.
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
7
CLASSIFICATION
CLASSIFICATION
• Humiliating an employee in front of co-workers.
• Written or verbal abuse or threats.
• Offensive or undermining social media comments, posts or messages.
• Vandalism of personal property.
• Unwanted physical contact such as patting, touching, pinching, hitting.
• Physical assault.
• Bullying behaviour.
• Microaggressions (statements or comments that often appear to be a compliment or a joke,
but contain a hidden insult about a group of people) that may be indirect, subtle, or
unintentional.
The following are some examples of behaviours that are not harassment:
• Mutually accepted jokes by all parties involved.
• Occasional appropriate compliments.
• Behaviour based on mutual attraction.
Racism - Racial Harassment
Racial harassment is defined in the Human Rights Act 1993 and the Employment Relations Act 2000.
Racial harassment is when an employee is subjected, for reasons of race, colour, nationality or ethnic
origin or national origins, including whakapapa, to behaviour that:
• Expresses hostility against or brings the employee into contempt or ridicule.
• Which the employee finds hurtful or offensive.
• Which has, by its nature or through repetition, a negative effect on the employee’s
employment, job performance, job satisfaction and health, safety and wellbeing.
Racial harassment can include, but are not limited to, any of the following:
• Telling racist jokes, teasing, or making comments that a person could find offensive and/or
oppressive that involve race, colour, ethnic origin or nationality, or cultural differences.
• Offensive labels or slurs.
• Derogatory remarks about groups or the attributes of groups on the basis of race, colour,
ethnic origin or nationality.
• Making comments on the supremacy of certain race, colour, ethnic origin or cultures over
other groups.
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
8
CLASSIFICATION
CLASSIFICATION
• Making fun of the way someone speaks.
• Shunning a person because of their race.
• Making comments relating to blood quantum
• Microaggressions (statements or comments that often appear to be a compliment or a joke,
but contain a hidden insult about a group of people) that may be indirect, subtle, or
unintentional.
Sexual or Gender Harassment
Sexual or gender harassment means any form of sexual or gender-oriented attention or behaviour that
is unwanted and which is offensive to the recipient.
Sexual harassment occurs where:
• A request is made for contact or activity of a sexual nature which contains an implied or
express promise of preferential treatment or an implied or express threat of negative
treatment in employment, or about the current or future employment status of the
employee; or
• An employee is subject to language, visual or physical behaviour of a sexual nature that is
unwelcome or offensive to that person and has negative effect on that person’s
employment, job performance, job satisfaction, and/or health, safety and wellbeing.
Gender harassment occurs where:
• A comment is made specific to the gender of a person, without a component of sexual
harassment.
Examples of sexual or gender harassment in employment may include, but are not limited to:
• Promises or threats, both explicit and implied, in return for sexual favours
• Sexual remarks or jokes
• Jokes or comments related to a gender specific experience, such as pregnancy, menopause,
and/or puberty
• Offensive telephone calls, texts, or social media messages
• Displays of obscene or pornographic photographs, pictures, posters, reading material
• Offensive emails, screen savers or computer graphics
• Sexual propositions or repeated requests for dates
• Physical contact such as patting, pinching or touching in a sexual way
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
9
CLASSIFICATION
CLASSIFICATION
• Comments or jokes regarding or referring to an individual’s gender or sexual identity, as a
member of the LGBTTQIA+ community, or personal relationships
• Unnecessary familiarity such as deliberately brushing against a person
• Uninvited kisses or embraces
• Unwelcome and uncalled for remarks, questions or innuendo about a person’s private life
• Stalking
• Indecent exposure
• Wolf whistles, cat calls, obscene gestures
• Microaggressions (statements or comments that often appear to be a compliment or a joke,
but contain a hidden insult about a group of people) that may be indirect, subtle, or
unintentional.
Reporting Relationships
Where an intimate relationship forms in circumstances where one party reports to the other (either
directly or indirectly), the relevant manager must be advised of the relationship.
This is to ensure that any potential conflict of interest that might arise can be identified and
appropriately managed. This may include (but is not limited to) putting alternative reporting lines in
place for some or all employment-related purposes.
Unlawful Discrimination
Unlawful discrimination (“discrimination”) is specifically defined in the Human Rights Act 1993 and the
Employment Relations Act 2000.
In essence, it describes certain behaviours within employment that exclude or restrict a person or group
from opportunities that are available to others, or which subject them to detriment (i.e. in the case of
employees, anything that has a negative effect on the team member’s employment, job performance or
job satisfaction or which causes their employment to end), on the basis of one or more of the prohibited
grounds set out in the applicable legislation.
Other definitions
In the policy:
• “Complainant” means a person who makes a complaint about bullying, racism, harassment
and discrimination in their employment.
• “Respondent” means a person against whom a complaint of bullying, racism, harassment
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
10
CLASSIFICATION
CLASSIFICATION
and discrimination is made.
Prevention
MfE’s priority is to prevent bullying, racism, harassment and discrimination from occurring in the first
instance. Our prevention approach includes:
• Promoting a positive workplace culture based on respect and courtesy for others.
• Ensuring our policy, processes and guides are promoted, accessible and easy to understand;
• Ensuring employees and managers have access to information about the support available to
all parties.
• Processes which enable effective reporting and monitoring.
• Ensuring managers are aware of their responsibilities through induction and leadership
training.
• Ensure our EDGE behaviours are embedded in our workplace practices.
• He Taiao tōnui mō ngā reanga katoa/ a flourishing environment for every generation.
Support
Both complainants and respondents may access a range of support options at any stage in the process.
Complainants and respondents are entitled at any stage to seek independent advice from their union, a
lawyer, or someone else they trust.
Complainants and respondents are also entitled to bring a union representative, legal representative or
support person to any meeting that forms part of the process.
MfE will take practicable steps to ensure the safety of all parties involved in a complaint of bullying,
racism, harassment and discrimination. All parties will be protected against retaliation in order to ensure
there is no negative impact on their day-to-day work as a result of a concern or complaint being raised.
Managers should consult with their P&C Advisor/Business Partner before commencing on any process
to discuss an approach. P&C Advisors/Business Partners are there to support managers and guide them
through the process.
Confidentiality
MfE is committed to ensuring confidentiality when a concern or complaint is raised.
Everyone involved in a complaint has an obligation to maintain the confidentiality of the process, the
content and facts of the complaint, the fact that a complaint has been raised, and the identities of those
involved.
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
11
CLASSIFICATION
CLASSIFICATION
Reporting bullying, racism, harassment or discrimination
NOTE: You are not required to approach the other person directly about your concern, or to tell the other
person that you are finding their behaviour or conduct concerning.
If you have seen bullying, racism, harassment or discrimination or feel you are the subject of bullying,
racism, harassment or discrimination, you may safely raise and discuss your concern, with:
• A member of the People and Capability Team.
• A PSA representative, if you are a union member.
• Your manager.
• Your manager’s manager.
• Another manager or senior colleague you trust.
• A HSW representative.
If you report bullying, racism harassment or discrimination, what follows is the ‘explore’ step which will:
• Allow you to consider how you would like your concern/complaint to be resolved.
• Allow MfE to assess whether there are any immediate actions that need to be taken to ensure
the safety of any person (for example, changing work areas, agreed working from home
arrangements or special leave).
• Ensure you feel heard and trust the process outlined for addressing these issues.
• Enable you to discuss the nature of the concern/complaint.
• Ensure you have information about support options available to you.
• Ensure you are aware of this Policy and the supporting guidance.
• Enable MfE to gain an understanding of the concern/complaint.
• Enable MfE to identify potential risks to the safety of any person.
• Discuss the options available under this Policy to address the concern/complaint.
Following that discussion, you should advise MfE whether you wish to deal with the matter informally in
the first instance, or whether you wish to make a formal complaint, or take no further action.
The options for addressing bullying, racism, harassment or discrimination are set out below.
Employees can report alleged bullying, racism, harassment or discrimination on someone else’s behalf,
although we may not be able to take action unless the person who has allegedly been the subject of the
conduct tells us that they want the matter pursued.
All parties involved are at all times entitled to a support person, or to seek legal advice and/or
representation if they wish to do so.
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
12
CLASSIFICATION
CLASSIFICATION
Upheld cases of bullying, racism, harassment and discrimination will be reported as an incident in the
Ministry’s incident management system.
Anonymous complaints
If the complainant wishes to remain anonymous, the Ministry will consider whether there is enough
evidence to proceed with an investigation.
If you wish to remain anonymous due to a fear of retribution or detriment, you should discuss this with
the person you raise the issue with. Every effort will be made to ensure individual physical and
psychological safety during this process.
Someone who is accused of bullying, racism, harassment or discrimination has the right, as a matter of
natural justice, to know the identity of the person who is accusing them of the inappropriate behaviour.
Options for addressing bullying, harassment or discrimination
Different options are available for addressing an issue or concern., these will be discussed with you at
the ‘Explore’ step. Some options may not be appropriate if the individuals concerned are not
employees. However, in all cases, the aim is to stop the continuation of the behaviour causing concern
and ensure the wellbeing of the person who raised the concern.
Generally, lower-level and early intervention is the preferred resolution and is more likely to result in a
lasting solution.
It’s important to understand that implementing one option does not preclude the use of other options.
INFORMAL RESOLUTION OPTIONS
The primary goal when addressing a complaint of bullying, racism, harassment and discrimination
informally is for the behaviour that is being complained about to stop and not occur again.
Informal resolution may be an appropriate means of addressing a complaint if you feel able to deal with
the problem yourself with support from the Ministry, or you can choose another method of resolution
that stops short of making a formal complaint.
Potential benefits of informal resolution options include:
(i)
Complaints may be able to be addressed at the lowest possible level and more promptly than if
they were investigated.
(ii)
Respondents receive an opportunity to correct or change their behaviour.
(iii)
Complainants and respondents will often have more control over the outcome if they agree to
an outcome rather than having an outcome imposed as part of an investigation and formal
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
13
CLASSIFICATION
CLASSIFICATION
process.
The informal resolution pathways that are described below are in no particular order. You could choose
to use one or more of these options in any order that you choose.
Speak up
You can manage or address the issue yourself by approaching the other party privately to talk about
your concerns and make clear that you want the concerning behaviour to stop. You should only take this
option if you feel comfortable and able to do so.
If you do, it’s a good idea to make a note of what was said and/or to let your manager, manager’s
manager or a People and Capability team member know about the situation beforehand. This may
become important later on, particularly if you feel that the other person’s behaviour is continuing.
Supported intervention:
You can approach any of the people listed in the previous section and ask for their assistance in
mediating the issue or concern informally, in the same way as above.
“Informally” means that the matter won’t be investigated, and disciplinary action won’t be taken. No
conclusions will be reached about whether the behaviour causing concern amounts to bullying, racism,
harassment or discrimination.
The person (mediator) approached will meet with the other person to bring the concerns to their
attention, and to make clear that you want the behaviour(s) to stop. You can choose not to be involved
in that meeting.
It is recommended that the mediator make a file note of the discussion.
Facilitated:
Facilitation is a process by which the complainant and the respondent are supported in a safe and
controlled manner to discuss the complainant’s concerns and reach an agreement about future
behaviour. Facilitated meetings are led by a neutral party who assists and guides the complainant and
respondent to discuss the behaviours that are being complained about. Facilitated discussions can take
place between employees together or separately. Facilitation may be led by a manager, a People and
Capability representative or where appropriate, an external third party.
Facilitation may be appropriate where you do not feel comfortable raising your complaint with the
respondent on your own. It is an informal intervention because, again, no conclusions will be reached
about what has occurred and no disciplinary action can be taken. The process is about acknowledging
the existence of a relationship issue and agreeing or implementing expectations about how the parties
will interact with each other in future. Records of discussions and any outcomes or expectations that are
implemented will, however, be recorded in writing. Failure by a party to comply with any expectations
that are put in place may subsequently become a disciplinary issue, or form part of a formal complaint.
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
14
CLASSIFICATION
CLASSIFICATION
Participation in facilitation is voluntary. Every complainant and respondent who agrees to engage in
facilitation may have a support person attend with them.
Individuals who agree to engage in facilitation may choose to withdraw from it at any time. If this
happens the parties should discuss alternative types of resolution which are available.
Facilitated meetings have the best chance of achieving resolution if the complainant and respondent can
engage in open and honest dialogue without being fearful that something they might say will later be
used against them. Facilitation is therefore held on a confidential and without prejudice basis.
Informal resolution options are valuable tools for addressing complaints of bullying, racism, harassment
or discrimination. However, there will be circumstances where an informal approach to resolving a
complaint is not appropriate and the Ministry may decide that the complaint is of such a serious nature
that it should be formally investigated.
The Ministry will not initiate formal action without ensuring that you are informed and provided with
options for support.
FORMAL COMPLAINTS
When making a formal complaint, you need to put your complaint in writing to your manager,
manager’s manager, People and Capability team or a PSA representative, identifying yourself and stating
specific allegations/examples of alleged conduct, dates, times and names of any potential witnesses.
That complaint, and all other relevant information gathered or provided in any investigation process,
will be provided to the person you have complained about, and may also be provided to other witnesses
if it is necessary to do so.
The information you provide will be considered, and a decision on appropriate next steps will be made
(taking into account the seriousness of the alleged issue(s) of concern and whether the complaint itself
contains allegations that are capable of being investigated).
The nature of any investigation process (including whether terms of reference will be necessary,
whether an internal or external investigator will be appointed, who that person will be and how the
process will be carried out) will ultimately be determined by the Ministry.
All information gathered within any investigation will be taken into account and, dependent on the
investigation’s findings, appropriate action taken to address any substantiated behaviour and/or
prevent any repetition of it.
There is no presumption that the respondent has engaged in bullying, racism, harassment or
discrimination before MfE has properly investigated the complaint, provided the respondent with an
opportunity to respond to the complaint, and reviewed any relevant information or material obtained
during the investigation.
Complaint substantiated and upheld
An investigation of a formal complaint may result in the complaint being substantiated.
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
15
CLASSIFICATION
CLASSIFICATION
Where a formal complaint is substantiated, MfE will:
• Take reasonable steps to ensure that (i) the bullying ceases immediately and is not repeated and
(ii) the complainant is protected from any consequences of having made the complaint; and
• Advise the complainant of the steps that have been taken.
• Offer support via the Employee Assistance Program to both parties.
Where a complaint of bullying, racism, harassment or discrimination is substantiated, MfE may conclude
that the respondent has engaged in misconduct or serious misconduct. In such cases MfE may decide to
impose disciplinary action against the respondent, in accordance with its Disciplinary Process, which
may include one or more of a range of possible actions, up to and including the respondent’s dismissal.
The complainant will be informed of the results of the investigation, however the complainant will not
be made aware of any disciplinary process or action that may be undertaken or imposed in relation to
the respondent. This is because any disciplinary process is private and confidential to the person it
concerns.
Support to the complainant will be provided to assist with their wellbeing.
Complaint not substantiated/upheld:
An investigation of a formal complaint may result in a finding that the complaint is not substantiated.
Where a formal complaint is not substantiated, the Ministry will:
• Advise the respondent that the complaint has not been substantiated and that no material relating
to the allegations against them will be held on their personal file.
• Advise the complainant that their complaint has not been substantiated.
• Ensure that both parties are protected from any consequences of the complaint.
• Offer support via the Employee Assistance Program to both parties.
Following the conclusion of any complaint or concern being raised, whether substantiated or not, the
Ministry will explore ways to support the complainant and the respondent.
Support and assistance
MfE wants to ensure that our people feel safe and supported during any complaints process and
therefore will take practicable steps to ensure the safety of all parties involved in a complaint of
bullying, racism, harassment or discrimination both during and after the process.
Complainants and respondents are entitled at any stage to seek independent advice from their union, a
lawyer, or someone else they trust. We also welcome our people to bring a support person with them to
any meeting during the process.
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
16
CLASSIFICATION
CLASSIFICATION
Managers should consult with their P&C Advisor/Business Partner before commencing on any process
to discuss an approach. P&C Advisors/Business Partners are there to support managers and guide them
through the process.
All employees have free and confidential access to EAP counselling support. They can be contacted on
0800 327 669.
False complaints
Deliberately making a false, malicious or vexatious complaint of bullying, racism, harassment or
discrimination is a serious matter, and one that can have significant repercussions for those involved.
Any allegation of false complaint will be investigated and if it is substantiated, disciplinary action up to
and including termination of employment may result (or if the person is not an employee, contract
arrangements may be terminated and/or the person may be excluded from our workplaces).
Note that a finding that the complaint is unsubstantiated is not the same as a finding that a complaint is
false, malicious, or vexatious. A false, malicious, or vexatious complaint is one where the intent of the
complainant is solely to cause detriment to the respondent, and/or the acts claimed in the complaint
have been falsified or exaggerated.
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
17
CLASSIFICATION
CLASSIFICATION
Appendix 1 – Examples of behaviour that may amount to bullying
(This table has been taken from the Worksafe New Zealand guidelines for Preventing and
responding to bullying at work)
Personal attacks (direct)
Task-related attacks (indirect)
Belittling remarks – undermining integrity –
Giving unachievable tasks – impossible
lies being told – sense of judgement
deadlines – unmanageable workloads –
questioned – opinions marginalised
overloading – ‘setting up to fail’
Ignoring – excluding – silent treatment –
Meaningless tasks – unpleasant jobs –
isolating
belittling a person’s ability – undermining
Attacking a person’s beliefs, attitude, lifestyle Withholding or concealing information –
or appearance – gender references –
information goes missing – failing to return
accusations of being mentally disturbed
calls or pass on messages
Undervaluing contribution – no credit where
Ridiculing – insulting – teasing – jokes –
it’s due – taking credit for work that’s not
‘funny surprises’ – sarcasm
their own
Shouted or yelled at
Constant criticism of work
Underwork – working below competence –
Threats of violence
removing responsibility – demotion
Insulting comments about private life
Unreasonable or inappropriate monitoring
Physical attacks
Offensive sanctions – eg denying leave
Public humiliation
Excluding – isolating – ignoring views
Persistent and/or public criticism
Changing goalposts or targets
Using obscene or offensive language,
Not giving enough training or resources
gestures, material
Ganging up – colleagues/clients encouraged
Reducing opportunities for expression –
to criticise you or spy on you – witch hunt –
interrupting when speaking
dirty tricks campaign – singled out
Intimidation – acting in a condescending
Sabotage
manner
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
18
CLASSIFICATION
CLASSIFICATION
Personal attacks (direct)
Task-related attacks (indirect)
Intruding on privacy, eg spying, stalking,
harassed by calls when on leave or at
Supplying incorrect or unclear information
weekends
Unwanted sexual approaches, offers, or
Making hints or threats about job security
physical contact
Verbal abuse
No support from manager
Inaccurate accusation
Scapegoating
Suggestive glances, gestures, or dirty looks
Denial of opportunity
Tampering with personal effects – theft –
Judging wrongly
destruction of property
Encouraged to feel guilty
Forced or unjustified disciplinary hearings
Lack of role clarity
Not trusting
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
19
CLASSIFICATION
CLASSIFICATION
BULLYING, RACISM, HARASSMENT AND DISCRIMINATION POLICY
20
CLASSIFICATION
