A new 12 month time period for sexual harassment PGs

July 2023

Sexual harassment in the workplace can place intolerable burdens on affected employees.  Often the resultant emotional trauma can prevent those affected from taking immediate action.  Parliament has recently modified New Zealand’s employment law to recognise this and provide a longer timeframe for raising personal grievances arising from sexual harassment.

The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 (Act) came into force on 13 June 2023.

Of note, the Act modifies the time period for raising a personal grievance relating to sexual harassment (section 103(1)(d) of the Employment Relations Act 2000 (ERA)).  There is now an “employee notification period” under section 114(7)(a) of the ERA of

“[T]he period of 12 months beginning with the date on which the action alleged to amount to the personal grievance occurred or came to the notice of the employee, whichever is later.”

These changes apply to actions / circumstances that occurred or came to the notice of the employee on or after 13 June 2023, the date of commencement.

Employers should proactively foster a safe workplace to minimise grievances, as well as maintaining meticulous records of any complaints / investigations.  Given the effluxion of time, memories will fade and witnesses may disperse.  Documentary records will therefore assume greater importance for responding to personal grievances relating to sexual harassment. 

Some helpful resources are at: https://www.worksafe.govt.nz/topic-and-industry/sexual-harassment/

Please get in touch for further advice.