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Published 1 August 2023 | 2 min read
Employees now have 12 months to raise a personal grievance related to sexual harassment
In a progressive move towards safeguarding employee rights and creating a respectful work environment, New Zealand has taken a significant step to address sexual harassment in the workplace. From June 13, 2023, employees now have 12 months to raise a personal grievance related to sexual harassment, compared to the previous 90-day window. This change aims to acknowledge the challenges victims face when reporting such incidents and allows them ample time to consider their options before coming forward.
Recognising the challenges of reporting
Sexual harassment is a serious issue that can deeply impact an employee's well-being and professional life. Victims often find it difficult to speak up, especially if the harasser holds a position of authority. In light of this, the extended time period to raise a personal grievance brings attention to the need for robust workplace practices, policies, and procedures. It emphasizes the significance of fostering a culture that promotes inclusivity, respect, and zero tolerance towards sexual harassment.
The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act is a step forward in ensuring a safer and more supportive work environment for all employees. By providing a more extended window to address sexual harassment incidents, New Zealand aims to empower victims, encourage reporting, and hold wrongdoers accountable. This change serves as a positive signal to all small-to-medium managers and decision-makers to reassess and strengthen their workplace policies and education around sexual harassment.
In the past, employees faced challenges with the 90-day window to raise personal grievances related to sexual harassment. The time constraint often led to hesitancy in reporting incidents, and many cases went unaddressed. This situation was detrimental to the well-being of employees and impeded the development of safe and respectful workplaces.
Allowing adequate time for decision-making
The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act brings forth a promising solution. It allows employees a 12-month period to raise a personal grievance related to sexual harassment, ensuring that victims have ample time to process their experiences and make informed decisions about reporting. This extension is applicable to incidents occurring on or after June 13, 2023, and it remains in effect even if the employee leaves their job during the 12-month period.
To maximize the effectiveness of this change, employers are encouraged to take the initiative in educating their workforce on sexual harassment, defining appropriate actions in case of allegations, and referencing the new law. A culture of inclusivity and respect must be fostered to prevent sexual harassment and create a safe, supportive environment.
The change in law reminds employers of their duty to investigate sexual harassment claims promptly and thoroughly. Objective investigations are essential to determine if an act constitutes sexual harassment. In complex cases, employers are advised to engage external investigators to ensure transparency and fairness.
Time to update employment agreements
Employment agreements must incorporate the modified time frame for raising personal grievances related to sexual harassment. Employers are not required to update existing contracts, but good faith obligations encourage discussions with employees about possible updates during regular agreement reviews.
New Zealand's decision to extend the time to raise personal grievances related to sexual harassment to 12 months marks a significant milestone in ensuring a safer and more respectful work environment. This change allows victims the space they need to come forward, promotes accountability, and signals a strong commitment to creating workplaces free from sexual harassment. As managers and leaders, it is crucial to embrace this positive change, enhance education, and uphold a culture of inclusivity, respect, and safety.
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