CONTACT

Labour Market trends highlight that workplace bullying is on the rise - we've certainly seen this reflected in our increasing investigations workload over the last 1-2 years.

“Bullying harms workers and is a significant issue in New Zealand work places. It can affect people both physically and mentally, can disrupt workplaces, and lower work performance.” - WorkSafe NZ

In our line of work, we often see leaders fear workplace conflict and avoid dealing with it in the right way. Our advice to leaders is to embrace the challenge and hit it head on.  Leadership is a full contact sport - conflict is part of your job!

Here's some advice from Intepeople HR Partners Marianne and Melisa on addressing and dealing with workplace conflict (including workplace bullying) in a healthy and productive way.

What Causes Workplace Conflict?

Almost anything can create workplace conflict, but most is born out of poor communication, or an inability to control one's emotions. Leading causes tend to include:

How To Identify Workplace Bullying?

WorkSafe define workplace bullying as:

Workplace bullying is repeated and unreasonable behaviour directed towards a worker or a group of workers that can lead to physical or psychological harm.

Workplace bullying is not:

WorkSafe have an online guide for small businesses in regards to preventing and responding to bullying at work. We recommend you download a copy of the guide here and familiarise yourself with it - before you have a problem!

It is important to recognise that bullying can occur not only from a manager or team leader to a lower level employee, but also from one worker to another, or between staff and clients, suppliers or visitors.

How might you find out it's happening?


Image: From WorkSafe's Preventing and Responding to Bullying at Work Guide

What are my obligations as an employer?

A guiding principle of the Health and Safety at Work Act 2015 is that workers and others need to be given the highest level of protection from workplace health and safety risks, as is reasonable.

Employers are responsible for:

  1. Building good relationships in a respectful work environment
  2. Educating workers (including managers and H&S reps) about bullying
  3. Having an anti-bullying policy and procedure that is visible and easy to understand - and making sure employees know what to do if they experience bad behaviour
  4. Developing good managers
  5. Providing support to workers who experience unreasonable behaviour

 

Workplace Conflict Case Examples

 

Resolving Workplace Conflict

From our experience, resolution can generally occur when there is a desire to do so.

Leadership, self-mediation, facilitation, counselling, agreed behaviour plans and/or independent investigations are possible solutions.

What to do in the case of an allegation of workplace bullying?

Remember – it’s usually up to the person alleging bullying to decide the process that they want to use. As a leader, it is important that you:

  1. Take it seriously, don’t pre-judge the outcome
  2. Refer the person to your policy if you have one, or you could refer them to the WorkSafe Bullying Prevention Toolbox
  3. Follow the policy
  4. Keep it confidential
  5. Provide support to both parties
  6. Seek advice, either internal or external

Formal or informal?

Informal

Note that an informal resolution process is more likely to result in working relationships improving.

Formal

A formal investigation process is often disruptive to the workplace, and can result in someone leaving.

How does a workplace investigation process work?

Complaints of bullying, harassment, sexual harassment and discrimination can be investigated.

An investigator can also do a 'fact-finding' investigation, e.g. what happened on a certain day, who was where, when, etc.

Other types of investigators include private investigators, forensic accountants and forensic IT people - we sometimes work jointly with them.

Steps for the Employer

  1. Receive and acknowledge complaint
  2. Ensure safety of complainant
  3. Seek advice
  4. Identify and engage independent investigator
  5. Consider whether to create terms of reference for investigation
  6. Advise respondent of complaint/investigation and ensure their safety
  7. Wait for the investigation process to take place
  8. Receive and action investigation report

Steps for the Investigator

  1. Comply with terms of reference, if there is one
  2. Interview complainant and respondent
  3. Interview witnesses (if any)
  4. Examine other evidence (if any)
  5. Verify witness statements
  6. Make credibility determinations if necessary
  7. Prepare draft report and send to complainant and respondent
  8. Consider any feedback, amend report if necessary
  9. Issue final report

What to take away from all this?

When made aware of unreasonable behaviour occurring then take it seriously, but don’t prejudge the outcome. Think carefully about how to manage the situation and whether it requires a formal (investigation) or less formal approach.

Either way, follow a sound and fair process - and seek our advice if needed!

Marianne and Melisa are among a small number of Association of Workplace Investigators (AWI) Certificate Holders in NZ. The AWI’s intensive training progamme and robust set of guiding principles for workplace investigations are recognised worldwide.

Disclaimer: This article is general in nature and not intended as a substitute for specific professional advice for your unique situation.

_______________

Follow Intepeople on Facebook & LinkedIn for our latest news and advice.

Intepeople HR Partners Melisa Kappely and Marianne Wilkinson completed an intensive training programme in the USA with the Association of Workplace Investigators (AWI) late last year.

With this achievement they join a small number of New Zealand HR Professionals and Lawyers as AWI Certificate Holders.

At the Austin Training Institute in Texas, Marianne and Melisa each passed three individual assessments, demonstrating their specialised knowledge and skills to successfully perform impartial workplace investigations. The four-day training covered 12 modules, with education sessions ranging from strategies to avoid bias, establishing rapport with witnesses, effective interview techniques and mock investigation sessions where their skills were evaluated by recognised experts in the field.

The Association of Workplace Investigators' robust and tested set of guiding principles for workplace investigations are recognised worldwide.

With reported cases of workplace issues including bullying and sexual harassment rising, there is increasing demand for trained workplace investigators. Choosing an external agency to complete a workplace investigation ensures an impartial, unbiased and fair investigative process.

Marianne and Melisa’s advanced achievements establish them amongst the leading workplace investigators in New Zealand. We are very proud of their achievement!

Can Intepeople support your business with a workplace investigation? 

Contact us for more information about Intepeople’s approach to workplace investigations.

Whakatū | Nelson

Te Whanga-nui-a-Tara | Wellington

Ōtautahi | Christchurch

Waiharakeke | Blenheim

Better people make a better world
chevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram