WorkSafe probed over bullying cases

WorkSafe New Zealand has been grilled by politicians for putting bullying prosecutions in the ‘‘too hard’’ basket.

Despite encouraging the reporting of workplace bullying, WorkSafe officials conceded it was often hard to prove and it was applying resources in other areas, where it would get ‘‘bang for the buck’’.

The topic of bullying dominated the annual review of WorkSafe during the education and workforce select committee yesterday, where cultural change, through education, was highlighted as the best way of dealing with the ‘‘emerging issue’’.

WorkSafe chief executive Nicole Rosie, chairman Ross Wilson and chief operating officer Phil Parkes were also asked about 11 alleged bullying incidents at Oranga TamarikiMinistry for Children.

Last week reported a WorkSafe investigator had been appointed to probe allegations of bullying by former ministry social worker Susan Kennedy.

Parkes confirmed two incidents at Oranga Tamariki had been reported to WorkSafe since it was set up; one did not meet the threshold for investigation and the other was currently being investigated.

Parkes told the committee that operational challenges associated with prosecution for bullying and harassment prevented it from doing so.

WorkSafe would have to prove a case beyond a reasonable doubt and pass the evidential and public interest test in order to take a criminal prosecution, he said.

‘‘We do investigate the most serious incidents of harm but it is very difficult for us to meet that test.’’

In most cases bullying took place between two or three individuals, was often not documented and it was one person’s word against another.

National’s workplace relations and safety spokesman Scott Simpson told WorkSafe that using technical issues as a reason for not prosecuting businesses for bullying was a ‘‘cop out’’.

He said the area of bullying was ‘‘ripe for investigation’’ and asked if WorkSafe was ‘‘seriously trying to say it was too hard’’.

‘‘We are going round in circles. What we are hearing from you is plenty of all the right talk, but not the right walk … New Zealanders expect better from a regulatory body.’’

Rosie said the ‘‘emerging issue’’ of bullying was apparent from questionnaires that found one in three or one on five workers said they were bullied or harassed in the preceding year.

However, reporting was the challenge, which stemmed from issues such as lack of confidence in human resources departments, fear of consequences or confidentiality issues.

Each year it received about

10,000 notifications and in the past four years, fewer than 100 were related to bullying and harassment, she said.

WorkSafe wanted people to report bullying and as the demand in the health, mental health and bullying area grew, it would build capabilities in the coming years to respond, she said.

WorkSafe had a triage system and resources were being put into ‘‘much higher levels of harm’’ such as health related exposures, like carcinogens, which made up

50 per cent of the biggest risks. Bullying and harassment risks were about 5 per cent, she said.

‘‘These issues play a relatively small role in our most serious harms by comparison with other health areas. We are applying our resources to support all New Zealanders … in a way that represents the biggest bang of your buck.’’

‘‘We are applying our resources to support all New Zealanders … in a way that represents the biggest bang of your buck.’’

WorkSafe chief executive Nicole Rosie