Co-funded by the European Union

New Zealand: Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023

This bill amends the Employment Relations Act 2000 and allows more time for sexual harassment victims to raise a complaint. The law did not find unanimous support, as non-supporters felt that a more extended period to raise a personal complaint for sexual harassment was not justified compared to other personal complaints - for example, on racial or other forms of harassment. 

During the selected committee process, there were 43 submissions on sexual harassment at the workplace, and on how the 90-day time frame was insufficient for someone to process what had occurred and file a complaint.

Employees can follow the Human Rights Commission pathway, which has traditionally had that 12-month time frame for reporting, or the personal grievance process, which has now been modified consistently. 

It is essential to consider that, according to section 65 'Form and content of individual employment agreement' of the Employment Relations Act 2000 (Act), individual employment agreements (IEA) "must include" a plain language explanation of the services available for the resolution of employment relationship problems. 

The legislation will apply, with the new timeframes introduced, regardless of those specified in the employment contract, which can be updated at the first convenient opportunity.  Alternatively, employers can draft a letter of variation of the existing IEA containing legislative updates.

The employer who fails to comply with section 65 is liable, in an action brought by a Labour Inspector or the employee concerned, to a penalty imposed by the Authority.

Additionally, considering the growing importance of the issue, employers should implement internal procedures to prevent and handle sexual harassment in the workplace.