Sexual Harassment at Work

Sexual harassment in New Zealand workplaces is defined under both the Employment Relations Act and the Human Rights Act. It includes any unwelcome conduct of a sexual nature that is either repeated or sufficiently serious to have a detrimental effect on your employment, job performance, or job satisfaction.

The behaviour can take many forms, from obvious actions like unwanted touching or sexual propositions, to more subtle conduct like sexually explicit jokes, comments about appearance, displaying sexual images, or creating a sexually charged atmosphere. What matters is not the intent of the person engaging in the behaviour, but whether it's unwelcome and creates an inappropriate work environment.

Importantly, you don't need to be the direct target of harassment to be affected by it. Witnessing harassment of colleagues or being subjected to a generally sexualised work environment can also constitute harassment. The test is whether a reasonable person in your position would find the conduct unwelcome and inappropriate for a workplace setting.

Sexual harassment can occur between any workplace participants - colleagues at the same level, managers and subordinates, or even involving clients, customers, or contractors. The key is that it happens in connection with your employment and affects your work environment.

When facing sexual harassment at work, you have several reporting options, each with different advantages and timeframes. Understanding these pathways helps you choose the most appropriate course of action for your situation.

Internal reporting involves raising the issue with your employer through their complaint procedures, HR department, or management. This can be effective when employers take harassment seriously and have proper processes in place. Many workplace policies require internal reporting first, and it can lead to quick resolution and workplace changes.

External options include filing a complaint with the Human Rights Commission, which offers free mediation services and can investigate discrimination. You can also raise a personal grievance for sexual harassment, which is handled through employment processes and can result in compensation.

For serious cases involving criminal behaviour like sexual assault, you may also consider reporting to the police. This runs parallel to employment processes and doesn't prevent you from pursuing workplace remedies.

The choice of pathway often depends on factors like the severity of harassment, your relationship with management, the employer's track record of handling complaints, and whether you want to continue working there. You don't have to choose just one option - multiple pathways can sometimes be pursued simultaneously.

Employers in New Zealand have comprehensive legal obligations to prevent sexual harassment and respond appropriately when it occurs. These duties exist regardless of whether harassment has been reported, and failure to meet them can result in significant liability.

The primary obligation is to provide a safe workplace free from harassment. This includes developing and implementing clear anti-harassment policies, providing training to staff and management, and creating reporting mechanisms that employees feel safe to use. Employers must also ensure their policies cover harassment by clients, customers, and contractors, not just employees.

When harassment is reported, employers must investigate promptly and thoroughly. This means taking complaints seriously, conducting fair investigations that respect both the complainant and accused person's rights, and taking appropriate action based on findings. Investigations should be conducted by someone with appropriate skills and independence.

Employers are also prohibited from allowing retaliation against people who make harassment complaints in good faith. This includes protecting complainants from adverse treatment, ensuring confidentiality where possible, and monitoring the workplace for signs of retaliation.

The duty extends to addressing harassment even when it's not formally reported. If management becomes aware of potential harassment through observation or informal complaints, they're expected to take action. Turning a blind eye to obvious harassment can result in liability even without formal complaints.

When sexual harassment is reported, the investigation process should follow principles of natural justice and fairness. Understanding this process helps you know what to expect and ensures your rights are protected throughout.

A proper investigation begins promptly after a complaint is made. You should be interviewed about your allegations in detail, and you have the right to have a support person present during these interviews. The investigator should be impartial - ideally someone not directly involved in the situation and with appropriate training.

The accused person will also be interviewed and given a fair opportunity to respond to allegations. While this might feel uncomfortable, it's a necessary part of a fair process. You should be kept informed about the investigation's progress, though specific details about the other party's responses may be kept confidential.

Witnesses should be interviewed, and relevant documents or evidence should be gathered. The investigator should consider all available evidence before reaching conclusions. Throughout this process, you have the right to be treated with respect and dignity, and to have your privacy protected as much as possible.

If you're not satisfied with how the investigation is being conducted, you can raise concerns with senior management or seek external advice. Remember that you also have the right to pursue external complaints even while an internal investigation is ongoing.

Sexual harassment victims have access to various legal remedies designed to address the harm caused and prevent future incidents. The type and amount of remedy depends on the severity of harassment, its impact on you, and how your employer responded.

Compensation is the most common remedy and can include several components. You may receive payment for lost wages if harassment affected your work performance, caused you to take time off, or led to job loss. Compensation for humiliation, loss of dignity, and injury to feelings recognises the emotional impact of harassment and can be substantial in serious cases.

You might also be entitled to reimbursement for costs directly caused by the harassment, such as counselling, medical treatment, or job search expenses. In cases where you lost your job, reinstatement may be ordered, though this isn't always practical or desired.

Non-monetary remedies can be equally important. These might include requiring the employer to implement proper harassment policies, provide training to staff, issue apologies, or make specific workplace changes to prevent future harassment. Sometimes the harasser may be required to undergo training or face disciplinary action.

The amount of compensation varies significantly based on circumstances. Factors considered include the nature and frequency of harassment, how long it continued, the impact on your health and career, whether you lost employment, and how the employer responded when they became aware of the situation.

Strong documentation is crucial for successful sexual harassment cases. The more detailed and contemporaneous your records, the stronger your position will be, whether you're pursuing internal complaints or external legal action.

Start documenting incidents as soon as possible after they occur. Record the date, time, location, and exactly what happened, including direct quotes where possible. Note who else was present and whether anyone witnessed the behaviour. Include details about how the incident made you feel and any immediate impact on your work.

Save all relevant communications, including emails, text messages, social media interactions, or written notes. Take screenshots of digital communications and back them up securely. If harassment involves verbal comments, write them down as soon as possible while they're fresh in your memory.

Keep records of any impact on your work performance, health, or wellbeing. This might include medical appointments, counselling sessions, sick leave taken, or changes in your work output. Document any conversations you have with supervisors, HR, or colleagues about the harassment.

If you report harassment internally, keep copies of all complaint documents, investigation materials, and employer responses. Note any changes in how you're treated after making a complaint, as this could indicate retaliation.

Consider asking trusted colleagues to document incidents they witness. While you can't force others to get involved, having independent witnesses significantly strengthens harassment cases.

Protection from retaliation is a fundamental right when you make a sexual harassment complaint. Understanding what constitutes retaliation and how to respond helps protect you throughout the complaint process.

Retaliation can take many forms, from obvious actions like dismissal or demotion, to more subtle changes like exclusion from meetings, reduced responsibilities, negative performance reviews, or creating a hostile work environment. It might also involve colleagues treating you differently or management becoming less supportive.

The law protects you from retaliation not just for making formal complaints, but also for participating in investigations, supporting other complainants, or refusing to participate in harassment. This protection applies even if your harassment complaint is ultimately not upheld, as long as it was made in good faith.

If you experience retaliation, document it immediately and report it promptly. Retaliation is a separate legal issue that can strengthen your overall case and increase potential compensation. Many successful harassment cases include retaliation claims that prove the employer's bad faith in handling the original complaint.

Remember that protection from retaliation doesn't mean you're immune from legitimate workplace discipline or performance management. However, any negative treatment that follows a harassment complaint will be scrutinised carefully to ensure it's not retaliatory.

While not every harassment situation requires immediate legal intervention, getting early legal advice can help you understand your options and avoid common pitfalls that might weaken your case later.

Consider seeking legal help immediately if the harassment is severe, involves physical contact, or includes threats. You should also get legal advice if your employer fails to investigate properly, if you face retaliation for complaining, or if you're considering leaving your job because of harassment.

Legal advice is particularly valuable when navigating multiple complaint pathways or when time limits are approaching. Employment lawyers can help you understand the strengths and weaknesses of your case, advise on evidence gathering, and represent you in mediation or formal proceedings.

If your employer has offered a settlement, don't accept or reject it without legal advice. Settlement agreements often include clauses that affect your future rights, and lawyers can help ensure any agreement is fair and properly protects your interests.

Even if you're handling the initial complaint internally, having a lawyer review your situation early can help you avoid mistakes that might compromise your position later. Many employment lawyers offer initial consultations to help you understand your options without committing to full representation.

Remember that sexual harassment cases can be emotionally challenging and legally complex. Having experienced legal support helps ensure your rights are protected while allowing you to focus on your wellbeing and recovery.