Why unfair treatment looks different in New Zealand workplaces
Why unfair treatment can be harder to spot in New Zealand offices
Unfair treatment at work in New Zealand often does not look like the dramatic employment discrimination cases you might read about in overseas media. In many local workplaces, the signs are quieter. They sit under the surface of a friendly work environment, where people value getting along and avoiding open conflict.
New Zealand employment law is clear that discrimination, workplace harassment and sexual harassment are illegal. Employees are protected from being treated unfairly because of things like age, race, national origin, disability, religion, sexual orientation, sex, marital status and family status. These protections sit in several pieces of legislation, including the Employment Relations Act 2000 and the Human Rights Act 1993 (New Zealand Legislation, 2024). But how unfair treatment shows up day to day in an office can be subtle, especially in smaller teams.
The gap between the law and everyday practice
On paper, most employers have policies that say workplace discrimination and harassment are not tolerated. Many have diversity inclusion statements and codes of conduct. In practice, unfair treatment work issues can still appear in more indirect ways :
- Certain employees consistently given less interesting work or fewer development opportunities
- Comments or jokes that target a protected characteristic, brushed off as “banter”
- Performance concerns raised only after an employee has complained about treatment work issues
- Subtle retaliation, such as exclusion from meetings or social events, after someone raises a concern
These patterns may not look like a clear employment discrimination case at first. Yet over time, they can amount to workplace discrimination or workplace harassment, especially when they affect pay, promotion, workload or job security.
For office managers, the challenge is that New Zealand workplaces often value harmony. Employees may hesitate to say they feel treated unfairly, because they do not want to be seen as difficult or disloyal. That makes it even more important to understand the early signs unfair treatment is happening, before it escalates into a formal complaint or even wrongful termination claim.
New Zealand’s small labour market and power dynamics
New Zealand has a relatively small labour market. In many industries, people know each other across companies. This can influence how employees respond when they experience unfair treatment at work.
Some employees worry that if they raise concerns about harassment, discrimination or sexual harassment, they could be labelled a troublemaker. They may fear informal blacklisting, or that future employers will quietly hear about their “attitude”. Even though retaliation for raising a genuine concern is unlawful under New Zealand employment law, the perception of risk is real for many workers.
Because of this, office managers might see employees quietly withdrawing rather than openly challenging unfair treatment. They may :
- Stop volunteering for projects
- Use more sick leave
- Look for voluntary exit options instead of raising a formal complaint
Sometimes, staff will ask about options like a voluntary separation scheme or an agreed exit, rather than confronting workplace harassment or discrimination directly. For an office manager, that can be a signal that the work environment does not feel safe or fair, even if no one has used legal terms like “employment discrimination” or “discrimination illegal”.
Local culture, courtesy and indirect communication
New Zealand workplace culture often values being polite, modest and non confrontational. This can be positive, but it also means that unfair treatment may be expressed or challenged in indirect ways.
Instead of saying “I am being treated unfairly by my employer”, an employee might say things like :
- “I am not sure this is the right fit for me anymore.”
- “I feel a bit on the outer lately.”
- “I think others are getting more chances than me.”
These comments can be early signs of workplace discrimination or unequal treatment work patterns. They might relate to protected characteristics such as national origin, sexual orientation or family responsibilities, even if the employee does not use those words.
Office managers who listen carefully to this kind of language, and who understand the local communication style, are better placed to notice when something more serious may be going on. Later sections of this article look more closely at subtle signs of unfair treatment, and how these issues can show up in performance and promotion decisions.
Legal context : New Zealand versus federal and state models
Many online resources about employment discrimination and workplace harassment are written for federal state systems, such as the United States. They talk about federal law, state laws, federal agencies and practice areas for an employment lawyer. New Zealand has a different legal structure, with its own employment law framework and dispute resolution processes.
However, the core ideas are similar. In both systems, discrimination illegal behaviour includes treating an employee less favourably because of a protected characteristic, allowing sexual harassment or workplace harassment to continue, or retaliating when someone asserts their rights. In New Zealand, these rights are enforced through the Employment Relations Authority, the Employment Court and the Human Rights Commission, rather than through federal state courts.
For office managers, the key point is that you do not need to be an employment lawyer to recognise when something feels unfair. You do, however, need a basic understanding of what the law protects :
- Employees must not be treated unfairly because of protected characteristics
- Workplace harassment and sexual harassment must be addressed promptly
- Retaliation for raising concerns about rights or safety is prohibited
- Decisions about pay, promotion and termination must be based on fair and lawful reasons
When you see patterns that do not align with these principles, that is a sign to look more closely at what is happening in your team.
Why office managers play a critical early warning role
Office managers often sit at the centre of information flows in a workplace. You hear informal comments, see how teams interact and notice changes in behaviour long before an issue becomes a formal employment case. That position gives you a unique opportunity to spot early signs unfair treatment is emerging.
You might notice :
- One employee consistently left out of meetings or social events
- Repeated jokes or comments about someone’s accent, national origin or personal life
- Different standards applied to different staff for the same type of work
- Complaints about pay or workload that seem to follow a pattern
These observations, combined with an understanding of New Zealand’s employment law protections, will help you identify when a situation might be drifting into workplace discrimination or harassment territory. Later in this article, we will look at practical ways to document what you see, how to respond when employees contact you with concerns, and when it may be appropriate to suggest independent advice or legal support.
Subtle signs of unfair treatment at work you might miss
Quiet patterns that point to unfair treatment
In many New Zealand offices, unfair treatment does not always look like open shouting, obvious harassment or a dramatic employment discrimination case. It often shows up as quiet patterns that repeat over time. As an office manager, you are in a strong position to notice these patterns before they turn into a formal workplace discrimination or wrongful termination claim.
Some early signs unfair treatment may be happening include :
- Certain employees consistently getting less information, support or training than others doing similar work
- Important meetings or decisions happening without particular people, even when their role clearly requires input
- Workload being shifted away from some staff and piled onto others, without a clear business reason
- One employee’s mistakes being treated as serious performance issues, while similar mistakes by others are brushed off
On their own, any of these could be normal workplace noise. When they form a pattern, especially around a protected characteristic such as gender, age, race, disability, sexual orientation or national origin, they may indicate discrimination or other unfair treatment at work.
Everyday behaviours that can mask harassment
Workplace harassment in New Zealand offices is often subtle. It may not meet the legal threshold for employment law action straight away, but it still damages the work environment and can become employment discrimination if it continues. Watch for behaviours that are easy to dismiss as “just banter” or “personality clashes” but that keep recurring around the same employee or group of employees.
- Repeated jokes or comments about someone’s accent, cultural background, body, age or family situation
- Sexual comments, innuendo or “teasing” that make an employee visibly uncomfortable
- Regularly interrupting or talking over the same people in meetings
- Excluding someone from social events or team chats in ways that affect collaboration at work
Sexual harassment can be especially hard to spot when it is framed as flirting or humour. A pattern of unwanted comments, messages or physical contact, even if each incident seems minor, can still be sexual harassment and may be discrimination illegal under New Zealand employment law. Office managers should treat early reports seriously, even when the employee is unsure whether it “counts” as harassment.
Subtle retaliation after someone speaks up
Retaliation is one of the clearest signs of unfair treatment, but it is rarely announced openly. After an employee raises concerns about workplace harassment, discrimination or unfair treatment, watch carefully for changes in how they are treated.
- Sudden negative performance feedback with little explanation or support
- Removal from key projects or client contact without a clear business reason
- Shift changes, desk moves or roster changes that feel like punishment
- Colleagues being told to “be careful” around the person who complained
In some cases, retaliation can escalate into constructive dismissal or even wrongful termination. Even if the employer believes they are acting lawfully, the pattern may still look like retaliation to the employee and to an employment lawyer later. Keeping clear records and following consistent processes will help show that decisions are based on fair criteria, not on someone exercising their rights.
Unequal access to opportunities and information
Unfair treatment work issues often appear first in who gets access to opportunities. This can be harder to see than a pay dispute or a formal complaint, but it is just as important. Look for patterns in :
- Who is invited to training, conferences or professional development
- Who is trusted with client facing work or higher visibility tasks
- Who receives mentoring, coaching or informal guidance from senior staff
- Who is told about internal vacancies or secondments early
If the same types of employees are consistently favoured, it may indicate workplace discrimination, even if nobody has mentioned pay or promotion yet. This is where diversity inclusion goals can be quietly undermined by everyday decisions. A fair work environment means opportunities are shared transparently, not just offered to those who are already well connected.
Language and tone that signal deeper bias
Sometimes the strongest signs of unfair treatment are in the language people use about colleagues. As an office manager, you may overhear comments that reveal unconscious bias or even direct discrimination.
Pay attention when you hear phrases like :
- “They are not really a culture fit” without clear, job related reasons
- “They are a bit emotional” or “too direct” used mainly about women or people from certain cultural backgrounds
- “They might not cope with the pressure” said about older employees or staff with disabilities
- “Clients prefer someone who looks / sounds more professional” when referring to accent, race or national origin
These comments can be early indicators of employment discrimination, even if no one has made a formal complaint. They may also influence decisions about pay, promotion and performance that will be discussed elsewhere in this article.
Documentation gaps that hide patterns
Subtle unfair treatment is easier to miss when documentation is weak or scattered. Inconsistent records of performance discussions, complaints or workload allocation can make it hard to see that one employee is being treated unfairly compared with others.
Improving how you manage HR and employment records will help you spot these patterns earlier. A structured approach to effective document management in HR can make it easier to track who is getting which opportunities, how complaints are handled and whether state laws and New Zealand employment law obligations are being met in practice.
Good records also protect both employees and the employer if a workplace discrimination or harassment case arises. They show whether decisions were consistent with law and policy, or whether someone was treated unfairly in a way that might require legal advice or contact with an employment lawyer.
When subtle signs point to legal risk
New Zealand does not follow the same federal state structure as some other countries, but the principles behind federal and state laws on discrimination are still useful to keep in mind. In most jurisdictions, including New Zealand, it is discrimination illegal to treat an employee less favourably because of protected characteristics such as :
- Race, colour or national origin
- Sex, pregnancy or sexual orientation
- Age, disability or family status
- Religious or ethical belief
Office managers do not need to be employment lawyers, but a basic understanding of employment law and practice areas like workplace harassment, sexual harassment and employment discrimination will help you recognise when subtle unfair treatment might cross into legal risk. When in doubt, encourage employees to use internal processes and, where appropriate, seek independent advice. Early attention to these signs will help create a safer, fairer work environment for everyone and reduce the chance of a serious employment case later.
How unfair treatment shows up in performance and promotion decisions
When performance reviews become a red flag
In many New Zealand offices, unfair treatment does not start with shouting or obvious workplace harassment. It often shows up quietly in performance reviews and promotion decisions. As an office manager, you are close enough to the day to day work to notice when something does not add up.
One of the clearest signs unfair treatment is when the written performance feedback does not match what you actually see from the employee. For example :
- An employee consistently meets deadlines and supports colleagues, but their review describes them as “not committed” or “lacking initiative”.
- Targets or KPIs are changed mid year for one person, but not for others in similar roles, making it harder for them to achieve a good rating.
- Positive feedback from clients or internal stakeholders is ignored or left out of the formal review.
These patterns can be early indicators of workplace discrimination or other unfair treatment work issues. They may not yet be an employment discrimination case, but they are worth documenting and discussing with HR or your leadership team.
Unequal access to opportunities and stretch work
Promotion decisions in a New Zealand workplace are often justified by who has had “more experience” or “more exposure”. That sounds neutral, but it can hide discrimination illegal under New Zealand employment law and, in some situations, under federal state standards if you work with overseas entities.
Watch for employees who are :
- Regularly left out of important projects, client meetings, or training that would prepare them for advancement.
- Given repetitive, low visibility tasks while others at the same level get strategic or high profile work.
- Excluded from informal decision making spaces, such as planning sessions or after work discussions where future roles are quietly shaped.
If the same people miss out on these opportunities, especially those from protected groups (for example, based on race, national origin, sexual orientation, gender, disability, age, or religion), you may be seeing workplace discrimination in practice. Over time, this can lead to pay gaps, stalled careers, and even wrongful termination when the employer later claims the employee is “not progressing”.
Patterns in pay, grading, and job titles
New Zealand law requires fair and reasonable treatment of employees, and pay is a key part of that. You do not need to be an employment lawyer to notice when something looks off.
Look for patterns such as :
- Employees doing substantially the same work but on different pay bands or job titles without a clear, documented reason.
- People from certain backgrounds (for example, migrants or younger staff) consistently starting on lower salaries and staying there longer.
- “Acting up” arrangements where someone covers a higher role for months but never receives the matching pay or title.
These situations may not always be intentional workplace discrimination, but they are strong signs of unfair treatment that can breach employment law. They also damage diversity inclusion efforts and create a work environment where some employees feel treated unfairly and undervalued.
As an office manager, you can work with HR to review pay data, grading structures, and how job descriptions match the real work being done. This will help you spot systemic issues before they turn into a formal employment discrimination or workplace harassment complaint.
Retaliation after speaking up
One of the most serious signs of unfair treatment is retaliation. An employee raises concerns about harassment, sexual harassment, bullying, or other workplace discrimination, and soon after their performance rating drops or promotion prospects disappear.
Red flags include :
- Sudden negative feedback after an employee has made a complaint or used their rights under employment law.
- Removal from key projects or client work shortly after they report sexual harassment or other misconduct.
- Being labelled “not a team player” or “difficult” once they have challenged unfair treatment work issues.
Retaliation is a serious risk area under both New Zealand law and, where relevant, federal state standards in cross border operations. It can turn a manageable concern into a significant employment case. Office managers are often the first to see these shifts in workload, rosters, or performance ratings, so your observations matter.
Inconsistent standards between employees
Another common pattern in New Zealand offices is inconsistent expectations. One employee is disciplined for being late once, while another is regularly late with no consequence. Or one person’s minor mistake is treated as a major performance issue, while others’ errors are quietly fixed.
Ask yourself :
- Are policies on performance, attendance, or conduct applied the same way to everyone ?
- Do some employees get informal coaching and second chances, while others jump straight to formal warnings ?
- Are standards stricter for people from certain teams, backgrounds, or protected characteristics ?
When standards shift depending on who the employee is, you may be seeing workplace discrimination or at least unfair treatment that could become an employment law issue. This is especially sensitive where protected characteristics such as national origin, gender, or sexual orientation are involved.
Inconsistent standards can also show up in how performance data is recorded. For example, one team has detailed evidence of achievements, while another has only vague notes. This can affect promotion and pay decisions and may hide deeper problems in the work environment.
Documentation, systems, and hidden bias
Modern New Zealand offices rely heavily on digital systems to track performance, time, and productivity. These tools can support fair decisions, but they can also hide bias if not used carefully.
For example, if your organisation uses detailed time tracking or activity monitoring, you may see that some employees are constantly allocated low value tasks that do not help them progress. Over time, this can be used to justify not promoting them, even though the original allocation of work was unfair.
Understanding the hidden labour costs of managing digital systems in New Zealand workplaces can help you see how performance data is created, not just how it is reported. When you know where the numbers come from, you are better placed to question whether they reflect genuine performance or structural bias.
Good documentation is also your protection. Clear, consistent records of expectations, feedback, and support offered to employees will help show that decisions are based on fair criteria, not on discrimination or personal preference. It also makes it easier for HR, or an external employment lawyer if needed, to review a potential discrimination illegal situation or wrongful termination claim.
When to escalate and who to contact
Office managers are not expected to solve every employment discrimination problem alone, but you do play a key role in spotting early signs. When you see patterns of unfair treatment in performance or promotion decisions, consider :
- Raising the issue with HR or your people and culture team, with specific examples and dates.
- Encouraging employees who feel treated unfairly to use internal complaint channels or seek independent advice about their rights.
- Checking whether your organisation’s policies on workplace harassment, sexual harassment, diversity inclusion, and equal employment opportunities are being followed in practice.
In more serious situations, employees may need to contact an external support service or an employment lawyer to understand their options under New Zealand state laws and, where relevant, federal frameworks. Your role is to ensure the workplace responds fairly, documents decisions properly, and takes every concern about unfair treatment work seriously.
By paying attention to how performance and promotion decisions are made, you help create a work environment where all employees can exercise their rights without fear of retaliation, and where discrimination, harassment, and other unfair treatment are less likely to take root.
Cultural and relational dynamics unique to New Zealand offices
How Kiwi culture shapes what feels “normal” at work
New Zealand offices often pride themselves on being relaxed, friendly and non hierarchical. The “we are all mates here” approach can be positive, but it can also hide unfair treatment and workplace discrimination. When everyone is expected to get along, employees who raise concerns about harassment, discrimination or unfair treatment can be seen as “rocking the boat”. That is a warning sign in itself.
Office managers need to remember that employment law in New Zealand still applies, even in a casual work environment. A friendly tone does not cancel out an employee’s rights around fair pay, equal opportunity, protection from sexual harassment and protection from retaliation when they speak up. If someone is treated unfairly, the fact that the employer is “nice” does not change the legal position.
Watch for situations where people minimise problems with phrases like “it was just a joke” or “that is just how we do things here”. In a diverse workplace, what feels harmless to one person can be deeply uncomfortable or discriminatory to another, especially around sexual orientation, gender, race, religion or national origin.
Power dynamics behind the “flat” structure
Many New Zealand organisations describe themselves as having a flat structure. On paper, that can look good for diversity inclusion and collaboration. In practice, power still sits with certain people and teams. When the structure is informal, it can be harder to see where decisions are really made and where unfair treatment might be happening.
Some subtle signs unfair treatment may be present in a flat structure :
- Important work is always given to the same small group, while others are left with routine tasks.
- Performance feedback is given casually to some employees over coffee, but formally and critically to others.
- Promotion decisions are explained as “cultural fit” or “gut feel” rather than clear employment criteria.
- People who question decisions are quietly excluded from projects or social events.
These patterns can amount to workplace discrimination or even employment discrimination, even if no one uses that language. Office managers should look at who actually has influence, who gets listened to and who gets ignored. That is often where the real power sits, regardless of job titles.
Small teams, close relationships and hidden pressure
New Zealand offices are often small, with tight knit teams. Colleagues may also be friends or whānau. This can create a supportive work environment, but it also makes it harder for an employee to say “I am being treated unfairly” or “I think this is workplace harassment”. People worry about damaging relationships or being seen as disloyal.
In these settings, unfair treatment work issues can be very quiet :
- Employees put up with inappropriate comments or sexual jokes because “that is just how they are”.
- Someone who complains about sexual harassment or bullying is told to “sort it out between yourselves”.
- Concerns about pay or workload are brushed off as “we are all under pressure, just pitch in”.
- Retaliation is subtle, such as being left off email lists, not being invited to meetings or losing interesting tasks.
Office managers should create clear, written processes for raising concerns about harassment, discrimination illegal under employment law and other unfair treatment. Employees need to know they can contact someone neutral, and that their case will be handled confidentially and without retaliation.
Cultural diversity and communication styles
New Zealand workplaces are increasingly diverse, with employees from different cultures, including Māori, Pasifika, Asian and many other backgrounds. Communication styles, expectations about hierarchy and comfort with direct feedback can vary a lot. If office managers do not pay attention to this, they can miss signs of unfair treatment or even contribute to it.
Examples to watch for :
- Employees from some cultures may be less likely to challenge a manager publicly, so they may stay silent even when they experience workplace harassment or discrimination.
- Jokes or comments about accents, names, food or customs can create a hostile work environment, even if they are framed as “banter”.
- Assumptions that certain groups are “better suited” to back office work, reception work or manual tasks can lead to systemic employment discrimination.
- Important information about rights, pay or performance is only shared in fast, informal meetings that some employees struggle to follow.
Office managers can reduce these risks by checking that policies on workplace discrimination, sexual harassment and equal employment opportunities are clear, accessible and actually discussed, not just filed away. Training on diversity inclusion should be practical and linked to real decisions about hiring, promotion and pay, not just a one off presentation.
New Zealand legal context and the “she’ll be right” mindset
New Zealand does not use the same federal state system as some other countries, but the idea is similar : there is a mix of national employment law and internal workplace policies. Office managers sometimes assume that if there is no formal complaint, there is no problem. That is risky. Many employees do not know their rights or how to contact an employment lawyer, and some fear wrongful termination or other consequences if they speak up.
Key points to keep in mind :
- Discrimination based on protected characteristics such as sex, race, age, disability, sexual orientation or national origin is illegal under New Zealand law.
- Sexual harassment and workplace harassment do not have to be physical to be serious ; repeated comments, messages or jokes can be enough.
- Retaliation against an employee who raises a concern, supports a colleague or takes part in an investigation is also unlawful.
- Unfair treatment in pay, rostering, performance ratings or access to training can all form part of an employment case, even if there is no single dramatic incident.
Office managers are often the first to notice patterns in rosters, pay, complaints and resignations. Keeping good records and taking early concerns seriously will help prevent issues from turning into formal employment discrimination or wrongful termination claims. When in doubt, it is better to seek advice early, whether from internal HR, external advisers or an employment lawyer, rather than hoping that “she’ll be right”.
Practical ways office managers can spot problems early
Simple systems that surface problems early
Office managers sit in a unique spot in the workplace. You see patterns across teams, you hear the small comments in the kitchen, and you often notice when an employee starts to withdraw. That makes you one of the first people who can spot signs of unfair treatment at work, long before it becomes a formal employment discrimination case.
To do that well, you need simple, repeatable systems. Not heavy policies that sit in a drawer, but everyday practices that make it harder for discrimination, harassment or retaliation to hide.
Watch for early behavioural and performance shifts
Unfair treatment rarely starts with a dramatic incident. It usually shows up first in small changes in how people behave at work. As an office manager, you can quietly track these shifts and ask careful questions.
- Sudden drop in participation – An employee who used to speak up in meetings now stays silent, especially when a particular manager or colleague is present. This can be an early sign of workplace harassment, bullying or subtle discrimination.
- Changes in attendance patterns – More sick days, arriving late, or leaving early can signal that the work environment has become stressful or unsafe. In some employment law cases, these patterns were early clues of sexual harassment or ongoing unfair treatment.
- Reluctance to work with specific people – If staff quietly ask not to be rostered or assigned with a certain person, it may point to workplace discrimination, harassment or fear of retaliation.
- Visible anxiety around reviews – If someone appears unusually anxious before performance meetings, especially after raising concerns about their rights or pay, it can indicate they feel they are being treated unfairly.
None of these signs prove discrimination illegal under New Zealand or federal state style frameworks on their own. But patterns matter. When you see several signs together, it is time to look more closely at what is happening in that part of the workplace.
Track patterns in complaints, comments and “off the record” chats
Office managers often hear things that never reach HR or an employment lawyer. Those informal comments are valuable early warning signals, especially in a diverse workplace where people may be unsure how to raise concerns about sexual orientation, national origin, gender, or other protected characteristics.
- Keep a confidential log of concerns raised with you, even if the employee says they do not want to make a formal complaint. Note dates, themes and who is involved. This will help you spot repeated issues that may point to workplace discrimination or harassment.
- Look for repeated names or teams – If several employees from the same team mention unfair treatment, jokes about race or national origin, or discomfort with sexual comments, you may be seeing early signs of workplace harassment or sexual harassment.
- Notice fear of speaking up – When people say things like “Please do not tell anyone I said this” or “I do not want to lose my job”, it can indicate a culture where retaliation is expected. That is a serious risk under employment law and state laws style protections.
In many employment discrimination cases, there were quiet warnings long before a formal complaint. Your role is not to investigate like a lawyer, but to recognise patterns and escalate them appropriately.
Monitor fairness in workload, pay and opportunities
Unfair treatment work issues often show up in how tasks, pay and opportunities are distributed. You may not set salaries or promotion criteria, but you usually see the practical side of who gets what work.
- Workload distribution – Check whether certain employees consistently get low visibility or “admin” tasks, while others get high profile projects. If this lines up with gender, ethnicity, age, sexual orientation or other protected characteristics, it may be a sign of discrimination.
- Access to training and development – Track who is offered courses, conferences or mentoring. If the same people are always chosen, ask how those decisions are made.
- Pay related questions – When employees quietly ask you about pay differences or allowances, treat it as a signal. While you may not control pay, repeated questions can point to perceived unfair treatment that could become an employment case if ignored.
New Zealand employment law expects employers to provide a fair and safe work environment. Systematic differences in pay, workload or opportunity, especially when linked to protected characteristics, can move from “unfair” to potentially unlawful employment discrimination.
Check whether policies match everyday practice
Most New Zealand offices have policies on workplace discrimination, sexual harassment, diversity inclusion and complaints. The real question is whether those policies are lived in daily practice.
- Compare policy to reality – If the handbook promises zero tolerance for harassment, but you regularly hear sexual jokes or comments about national origin in the lunchroom, there is a gap that needs attention.
- Look at how complaints are handled – Do employees who raise concerns feel supported, or do they quietly leave the company soon after ? A pattern of departures after complaints can look like retaliation, which is a serious employment law risk.
- Notice who uses the process – If only certain groups feel safe using the complaints process, your diversity inclusion efforts are not working as intended.
When practice does not match policy, the workplace is more exposed to wrongful termination claims, workplace harassment allegations and other employment discrimination issues. Spotting that gap early gives your employer a chance to fix it before it becomes a formal legal case.
Create low barrier ways for employees to speak up
People rarely open a conversation with “I am experiencing workplace discrimination”. They usually start with something small : “I am not sure if this is a big deal, but…”. Your job is to make it easy for that first sentence to be spoken.
- Offer multiple channels – Some employees prefer email, others a quiet chat, others an anonymous form. The more options you provide, the more likely you are to hear about unfair treatment early.
- Use everyday check ins – When you are talking about rosters, equipment or office supplies, add a simple question like “How is your work environment feeling at the moment ? Anything worrying you ?”.
- Reassure about rights – Without giving legal advice, you can remind staff that they have rights under New Zealand employment law, and that raising concerns about treatment at work should not lead to retaliation.
If someone hints at serious issues like sexual harassment, workplace harassment or discrimination based on a protected characteristic, encourage them to use the company’s formal process. In some situations, they may also wish to contact an external support service or an employment lawyer for independent advice about their rights and the practice areas that might apply to their situation.
Use data and documentation to spot trends
Finally, do not rely only on your memory. Simple documentation will help you see trends that are easy to miss day to day.
- Keep basic records of complaints, informal concerns, team changes and exits. Over time, this can highlight areas where employees are consistently treated unfairly.
- Review exit reasons – When staff leave, note any mention of unfair treatment, harassment or discrimination. A cluster of similar reasons in one team is a strong sign that the work environment there needs attention.
- Share patterns with leadership – Regularly summarise what you are seeing, without breaching confidentiality. This helps your employer act before issues escalate into formal employment discrimination or wrongful termination claims.
By combining everyday observation with simple records, you build a clearer picture of how fair your workplace really is. That early insight will help your organisation protect employees, respect their rights, and reduce the risk of serious employment law problems later.
Responding when you see signs of unfair treatment at work
Staying calm and documenting what you see
When you notice signs of unfair treatment at work, your first response as an office manager should be calm, factual and methodical. In New Zealand workplaces, where people often avoid open conflict, it is easy to either overreact or minimise what is happening. Aim for the middle ground.
- Write down what you observe ; dates, times, who was present, and what was said or done.
- Stick to facts ; avoid assumptions about motives or character.
- Capture patterns ; a single comment may be clumsy, but repeated behaviour can point to workplace discrimination or harassment.
This record will help you later if the situation becomes an employment discrimination case, a workplace harassment complaint, or even a wrongful termination claim. It also shows you acted responsibly under employment law and company policy.
Checking policies and legal obligations
Before you step in, review your organisation’s policies on discrimination, harassment, bullying and performance management. Cross check them with New Zealand employment law and, if relevant, any federal state or overseas rules that apply to your company.
- Confirm how your policies define workplace discrimination, sexual harassment and other forms of unfair treatment.
- Look for clear procedures on reporting, investigating and resolving complaints.
- Check how your policies protect employees from retaliation when they raise concerns about treatment at work.
New Zealand law makes discrimination illegal on a range of protected grounds, including sex, sexual orientation, race, national origin, age, disability, religious belief and other protected characteristics. If you are unsure whether what you are seeing could be unlawful employment discrimination, it may be wise to contact an employment lawyer or your HR team for guidance.
Creating a safe channel for employees to speak up
Employees who feel treated unfairly rarely open up in a group meeting. They are more likely to talk when they trust the process and believe their rights will be respected.
- Offer private one to one meetings where staff can raise concerns about unfair treatment at work.
- Reassure them that retaliation is not acceptable and is itself a serious breach of employment law and company policy.
- Explain what will happen next ; who may be informed, how information will be used, and possible outcomes.
Listen carefully for signs unfair patterns are emerging ; for example, repeated comments about pay disparities, exclusion from meetings, or inappropriate sexual remarks. Take concerns about sexual harassment or other harassment seriously, even if the employee says they “do not want to make a fuss”.
Escalating concerns through the right channels
Once you have enough information to believe there may be unfair treatment, workplace harassment or discrimination, you have a duty to act. As an office manager, you may not be the final decision maker, but you are often the first person to see the signs.
- Notify HR or senior leadership in line with your internal procedures.
- Share your documentation so the situation is not reduced to hearsay.
- Clarify roles ; who will investigate, who will support the employee, and who will communicate outcomes.
If your organisation does not have a formal HR function, consider seeking external advice from an employment lawyer, especially where there may be a breach of discrimination law, sexual harassment rules, or state laws in other jurisdictions where your employer operates.
Supporting the employee while remaining fair to all parties
Responding to unfair treatment work issues means balancing support for the affected employee with procedural fairness for everyone involved.
- Ensure the employee knows their rights under employment law and internal policy.
- Offer practical support ; for example, a support person in meetings, flexible work arrangements, or temporary changes to reporting lines if the work environment feels unsafe.
- Avoid promising specific outcomes ; focus on a fair process and a respectful workplace.
At the same time, the person accused of discrimination or harassment also has rights. A robust, neutral process will help protect the integrity of any employment case and reduce the risk of later claims that the employer acted unfairly.
Addressing systemic issues, not just individual cases
Many signs of unfair treatment are linked to deeper issues in culture, pay practices or decision making. When you respond, look beyond the single incident.
- Review whether certain groups of employees, such as those of a particular national origin or sexual orientation, are consistently overlooked for promotion or high value work.
- Check for unexplained pay differences that could point to unfair treatment or discrimination illegal under employment law.
- Assess whether your diversity inclusion efforts are real in practice or mostly on paper.
Where patterns appear, work with leadership to adjust policies, training and everyday practices. This might include clearer guidelines on respectful behaviour, refreshed training on workplace discrimination and sexual harassment, or more transparent criteria for performance and promotion decisions.
Knowing when to seek external help
Some situations are complex or high risk, especially where there are allegations of sexual harassment, serious workplace harassment, or potential wrongful termination. In these cases, external expertise will help protect both employees and the employer.
- Engage an employment lawyer when there is a realistic risk of an employment discrimination claim or other legal action.
- Consider independent investigators for sensitive harassment or discrimination complaints.
- Use specialist advisers in practice areas such as diversity inclusion, pay equity or bullying and harassment prevention.
Taking early, well documented and fair action sends a clear message that your organisation takes unfair treatment seriously and is committed to a safe, respectful work environment for every employee.