Workplace Harassment in New Zealand

New Zealand employees are protected from harassment at work under the Employment Relations Act 2000 and the Human Rights Act 1993. Harassment can be grounds for a personal grievance — a formal legal complaint against your employer.

Types of Workplace Harassment

Sexual Harassment (ERA s108)

Sexual harassment occurs when a person:

·Makes a request for sexual activity with an implied or express promise of preferential treatment or threat

·Or uses language, visual material, or physical behaviour of a sexual nature that is unwelcome and offensive to the recipient, and either repeated or significant enough to have a detrimental effect

Both men and women can be harassed, and harassment can occur between any genders.

Racial Harassment (ERA s109)

Racial harassment is language, visual material, or physical behaviour that:

·Expresses hostility against or contempt for a person on the grounds of race, colour, or ethnic origin

·Is unwelcome and offensive to the recipient

·Is either repeated or significant enough to have a detrimental effect

Workplace Bullying

While not defined separately in the ERA, bullying can support a personal grievance for:

·Unjustified disadvantage

·Constructive dismissal (if it forces resignation)

·Breach of the employer's duty of good faith

Your Employer's Obligations

Under the ERA, employers must:

1.Maintain a safe and healthy workplace (also required by the Health and Safety at Work Act 2015)

2.Act in good faith towards employees

3.Take reasonable steps to prevent and address harassment

4.Have a harassment prevention policy (best practice, increasingly expected)

If a co-worker harasses you and your employer knew (or should have known) and did nothing, your employer can be vicariously liable.

What to Do If You Are Being Harassed

1. Document Everything

Keep a written record of:

·Dates, times, and locations

·What was said or done

·Witnesses present

·How it affected you

Save any messages, emails, or other evidence.

2. Report Internally

Follow your employer's harassment policy. Report to your manager or HR. If your manager is the harasser, go above them.

3. Raise a Personal Grievance

If internal resolution fails, raise a personal grievance within 90 days of the harassment occurring (or the last incident if ongoing).

Write to your employer stating you are raising a personal grievance and the nature of the harassment.

Mediation and the Employment Relations Authority

If the grievance is not resolved:

1.Free mediation through Employment Mediation Services (MBIE) — 0800 20 90 20

2.Employment Relations Authority (ERA) — adjudication if mediation fails

Possible Remedies

| Remedy | Details |

|--------|---------|

| Compensation for humiliation | Up to $30,000+ in severe cases |

| Lost wages | Actual income lost as a result |

| Reinstatement | Rare — return to role |

| Compliance order | Employer ordered to stop specific behaviour |

If You Need Immediate Help

·Employment NZ: employment.govt.nz | 0800 20 90 20

·Human Rights Commission: hrc.co.nz | 0800 496 877

·Community Law Centres: free advice — communitylaw.org.nz

·Victim Support: 0800 842 846

LexNZ provides legal information only — not legal advice. For your specific situation, contact an employment lawyer or Community Law Centre immediately — the 90-day time limit to raise a personal grievance is strict.

Workplace Harassment in New Zealand: Rights, Remedies and What to Do