The first step to deal with sexual harassment is at the workplace level:
- Identify whether the behaviour meets the criteria in the law as to what is considered ‘sexual harassment’.
- Follow the company’s policies and procedures.
- Deal with sexual harassment complaints at the workplace level.
If the complaint is not addressed at the workplace level, both employees and employers can:
- seek external advice, and
- use mediation services to deal with the complaint.
If a complaint isn’t resolved at mediation, the person who lodged the complaint can take further actions:
- If the complaint was raised through a personal grievance under the Employment Relations Act, they can take the issue to the Employment Relations Authority (ERA). If they are not happy with the ERA decision, they can challenge it in the Employment Court.
Employment Relations Authority (external link)
Employment Court (external link) - If the complaint was raised through the Human Rights Commission, they can take the matter to the Human Rights Review Tribunal, either directly or by seeking representation from the Director of the Office of Human Rights Proceedings.
Human Rights Review Tribunal (external link)
Office of Human Rights Proceedings (external link)
Further information
WorkSafe
WorkSafe has a range of information and guidance about sexual harassment for businesses and workers, including an example policy and template for reporting sexual harassment in the workplace.
Sexual harassment – WorkSafe (external link)
Human Rights Commissions
The Human Rights Commission has information about dealing with sexual harassment not only in the workplace, but also in other areas such as education, public places, vehicles, facilities, housing and accommodation.
Sexual harassment – Human Rights Commissions (external link)
Victim Support
Victim Support is an agency helping victims of crime and trauma, twenty-four hours a day seven days a week.
Victim Support (external link)
Shine
Shine provides a range of effective, practical and innovative services to stop domestic abuse in New Zealand