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Ruby Manukia-Schaumkel
 
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Legal Matters

Ruby Manukia-Schaumkel, MCNZ Legal Advisor —

Bullying Free New Zealand week ran from 16 - 20 May in conjunction with Pink Shirt Day.

The week followed the theme He kōtuinga mahi iti, he hua pai-ā rau: Small ripples create big waves. New Zealand is on the right path in raising awareness for anti-bullying wherever it occurs. It is about focusing on the positive mahi already happening in Aotearoa to support a safe, inclusive society where people are heard and listened to, and feel they belong.

Schools and organisations can focus on bullying prevention and awareness with students, staff, parents, workers, employers, whānau, and the wider community. Organisations that encourage respect, value opinions, celebrate difference and promote positive relationships make it difficult for bullying behaviour to thrive or be tolerated. To achieve positive outcomes, everyone needs to be involved, talking about the issue and working together. Having a themed week provides a great opportunity for all members of a community to talk about what bullying means to them and for schools and organisations to highlight their everyday work to counter bullying.

The Church is no exception and not exempt from bullying. What does it mean to Te Haahi Weteriana o Aotearoa if members, congregants, parishioners, stewards, and presbyters experience bullying? There is a system in place under the Church laws and regulations for dealing with bullying. We do not tolerate any type of bullying, including cyber bullying. The practice of pastoral support, care and Christian values are protective factors against bullying.

Pink Shirt Day

Bullying Free New Zealand Week concluded with the Mental Health Foundation's Pink Shirt Day, celebrated annually around the globe. Pink Shirt Day began in Canada in 2007 when two students took a stand against homophobic bullying, mobilising their whole school, after a peer was bullied for wearing a pink shirt. Pink Shirt Day aims to create schools, workplaces and communities where all people feel safe, valued and respected.

Bullying Prevention

Bullying prevention should be an ongoing focus in our organisations to create a culture that is welcoming, accepting, inclusive and tolerant of differences and diversity.

Bullying and harassment is a serious and common work risk. Under the Health and Safety at Work Act 2015 (HSWA) businesses are expected to manage health and safety risks arising from their work as far as is reasonably practicable. Businesses must recognise that bullying is a health risk and deal with reports of concerns quickly and appropriately, with clear processes in place to do so. HSWA shifts the focus from monitoring and recording health and safety incidents to proactively identifying and managing risks so everyone is safe and healthy.

A shared responsibility

HSWA ensures that everyone has a role to play in creating a positive work culture and environment. Responsibilities are clear:

  • Businesses have the primary responsibility for the health and safety of their workers and any other workers they influence or direct. They are also responsible for the health and safety of people at risk from the work of their business.
  • Officers (company directors, partners, board members, chief executives) must do due diligence to make sure the business understands and is meeting its health and safety responsibilities.
  • Workers must take reasonable care for their own health and safety and that their actions do not adversely affect the health and safety of others. They must also follow any reasonable health and safety instruction given to them by the business and cooperate with any reasonable business policy or procedure relating to health and safety in the workplace.
  • Other people who come into the workplace, such as visitors or customers, also have some health and safety duties to ensure that their actions do not adversely affect the health and safety of others.

We can all play a part in preventing unreasonable behaviours before harm escalates, making it better for all.