Three Successful Cases Last Week: Bullying Hazards, Privacy Breaches, and Digital Lockouts
- maryline627
- 4 days ago
- 3 min read
It was a busy and rewarding week at Employment Resolution Consultants. Working across Christchurch and right here in Selwyn, we helped several clients navigate complex, highly stressful workplace disputes to secure fantastic outcomes.
To protect client confidentiality, the details below are brief and anonymised. However, the legal and practical lessons from these three successfully resolved cases are valuable for both employees and employers.
Case 1: Workplace Bullying is a Hazard, Not Just a Personality Clash
Our first case involved an employee at a large Christchurch organisation who was being subjected to ongoing bullying by a co worker. She did the right thing and raised a formal complaint, but management failed to treat it with the seriousness it deserved. In fact, the manager made a proper pig’s ear of the initial response, causing the situation to blow up unnecessarily. Had they sought advice and handled it correctly at the start, the escalation could have been entirely avoided.
Under the Health and Safety at Work Act 2015, employers have a duty to ensure both the physical and psychological safety of their workers. Workplace bullying is a hazard it is no different from leaving a slippery floor or a faulty piece of machinery unaddressed. It causes genuine harm and cannot be tolerated.
Managing workplace behaviour is a lot like enforced speed limits:
Clear Limits: When a speed limit sign is posted, drivers know the precise boundary.
Enforceable Consequences: If you test the waters, get caught by a speed camera, and receive a fine, you quickly realise there are punitive consequences. Most people choose to stick to the limit going forward to avoid further fines.
Zero tolerance for workplace bullying works the same way. Employers must explicitly define what unacceptable behaviour looks like. When early signs of bullying emerge, an immediate reminder of workplace standards, along with clear notice of the consequences if it happens again usually corrects the behaviour before it turns into a toxic environment.
The Lesson: If you are dealing with a bullying complaint, whether as an employee or an employer, seek professional advice before taking steps that could escalate the issue into a legal nightmare.
Case 2: A "Perfect" Dismissal Undone by an Illegal Search
Our second case involved an unjustified dismissal. On the surface, the employer’s documentation and disciplinary timeline looked textbook compliant. Every letter was sent, and every meeting was logged.
However, a closer look revealed a critical flaw: the key evidence used to justify the dismissal was obtained through a severe breach of privacy and an illegal search.
In New Zealand, employers do not have free rein to invade an employee’s privacy or search personal property, personal email accounts, or private devices to manufacture or collect evidence. Under the Privacy Act 2020 and employment law standards:
Employers must collect information lawfully and fairly.
Workplace surveillance or searches must be reasonable, proportionate, and clearly authorised by workplace policies or express consent.
Evidence obtained through illegal or unreasonable searches severely taints the disciplinary process.
Even if an employer follows procedural steps to the letter, relying on unlawfully gathered evidence makes the resulting dismissal unjustified. We were able to leverage this fundamental flaw to achieve a successful resolution for our client.
Case 3: Locked Out of Systems? That Can Be Unjustified Dismissal
Our third case focuses on an employee who turned up to work only to find they had been locked out of all IT and workplace systems without notice or explanation.
In the modern digital workplace, locking an employee out of the tools they need to perform their job is a drastic step. Legally, preventing an employee from working by revoking system access can be deemed an unjustified suspension or even a constructive dismissal.
Employers cannot simply "turn off access" to force an employee out or sideline them while deciding what to do. Suspension is a serious action that requires:
Valid Grounds: A genuine workplace safety, security, or operational reason why the employee cannot remain at work while an investigation occurs.
Fair Process: Consulting with the employee and giving them an opportunity to comment before any decision to suspend is finalised.
(For a deeper dive into proper suspension protocols, read our previous blog: A Tale of Two Suspensions).
By demonstrating that the sudden system lockout amounted to an unlawful suspension and unjustified dismissal, we reached a very favourable outcome for the employee.
Need Guidance on Workplace Issues?
Whether you are an employee facing unfair treatment or an employer seeking to resolve a delicate workplace matter before it escalates, getting expert advice early makes all the difference. Reach out to the team at Employment Resolution Consultants today to discuss how we can help you achieve a fair, successful outcome.
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