What counts as workplace harassment in New Zealand?
Workplace harassment in New Zealand includes sexual harassment, racial harassment, bullying, and other repeated behaviour that is unwelcome and offensive. It is covered by the Employment Relations Act 2000 as a personal grievance, the Human Rights Act 1993 for discrimination-based harassment, and the Health and Safety at Work Act 2015 for employers' duty to provide a safe working environment.
What is sexual harassment under New Zealand employment law?
Under the Employment Relations Act 2000, sexual harassment occurs when a person makes a request for sexual activity, uses language of a sexual nature, makes visual material of a sexual nature, or makes physical contact of a sexual nature that is unwelcome and has a detrimental effect on the person's employment or work environment.
What is racial harassment under New Zealand employment law?
Racial harassment under the Employment Relations Act 2000 occurs when a person uses language, visual material, or physical behaviour that is hostile or offensive to another person on the grounds of race, colour, or ethnic or national origins, and that is either repeated or significant enough to have a detrimental effect on the employee's employment.
What are my employer's obligations around workplace harassment in New Zealand?
Under the Health and Safety at Work Act 2015, employers have a primary duty of care to ensure workers are not exposed to risks to their health and safety, including psychological harm from bullying and harassment. Employers must have a process for reporting and investigating harassment complaints and must take complaints seriously.
How do I make a workplace harassment complaint to the Human Rights Commission in New Zealand?
You can make a complaint to the Human Rights Commission online at hrc.co.nz. The Commission provides a free dispute resolution service. Complaints about employment harassment based on grounds such as sex, race, disability, or sexual orientation can be made under the Human Rights Act 1993. There is no fee to lodge a complaint.
When should I complain to WorkSafe NZ about workplace harassment?
Contact WorkSafe NZ when you believe your employer has failed to manage workplace bullying or harassment as a health and safety risk, or where the harassment has caused serious harm. WorkSafe can investigate and may issue improvement notices or prosecute employers who breach the Health and Safety at Work Act 2015.
Can I raise workplace harassment as a personal grievance under the Employment Relations Act 2000?
Yes. Sexual harassment and racial harassment are specifically recognised as personal grievances under the Employment Relations Act 2000. You must raise the personal grievance with your employer within 90 days of the harassment occurring or becoming aware of it. You can then apply for Employment Mediation Service assistance or go to the Employment Relations Authority.
What remedies are available for workplace harassment in New Zealand?
Through the Employment Relations Authority, remedies for harassment personal grievances include compensation for humiliation, loss of dignity and injury to feelings, reimbursement of lost wages, and reinstatement. The Human Rights Review Tribunal can also award compensation and make declarations. There is no fixed cap on compensation for humiliation.
What should I document when experiencing workplace harassment in New Zealand?
Keep a written record of every incident, including the date, time, location, what was said or done, and any witnesses present. Save any written or electronic communications — emails, texts, or messages — that constitute harassment. Report each incident to your employer in writing so there is a record, and keep copies of your employer's responses.
How does uplaw.ai help with workplace harassment complaints in New Zealand?
Describe what happened in the chat — what type of harassment occurred, how many times, whether you have reported it to your employer, and what response you received. uplaw.ai will help you identify the right complaint pathway — personal grievance, Human Rights Commission, or WorkSafe — and help you prepare your complaint documentation.
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