Important change to sexual harassment

What has changed?

The time limit for raising a personal grievance that an employee has been “sexually harassed in the employee’s employment” increased from 90 days to 12 months. For all other personal grievances, the time limit to notify the employer is unchanged at 90 days.

What do employer’s need to do?

From 13 June 2023, all new employment and collective agreements must include this new time limit. Policies should also reflect this change. If you require assistance, please get in touch.

Why the change?

Given the trauma and complexity of sexual harassment, it may take a complainant considerable time to process what has happened to them. The increased time period gives victims of sexual harassment more time to come to terms with what has happened before deciding to raise a personal grievance.

What does ‘sexually harassed in the employee’s employment’ mean?

The change relates to the legal definition of “sexually harassed in the employee’s employment” in the Employment Relations Act 2000. For more information see sections 103(1), 108, 117 of the Act, or get in touch.

Personal grievances aside, sexual harassment is workplace risk

As with all workplace risks, addressing sexual harassment is the employer's responsibility under the:

·        Health and Safety at Work Act 2015;

·        Employment Relations Act 2000; and

·        Human Rights Act 1993. 

If an employer receives a complaint about sexual harassment by an employee, customer or client, the employer must investigate what happened. If confirmed the behaviour did take place, employers must take all practicable steps to avoid it happening again.

Disclaimer: The information contained in this article is current at the date of publishing and is of a general nature. It should be used as a guide only and not as a substitute for obtaining legal advice. Specific legal advice should be sought where required.