Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Personal grievances

117: Sexual or racial harassment by person other than employer

You could also call this:

“What to do if someone else at work or a customer bothers you in a sexual or racial way”

This law is about what happens if someone other than your boss sexually or racially harasses you at work. This could be another employee, a customer, or a client of your workplace.

If someone asks you to do something sexual that you don’t want to do, or if they behave in a sexual way that makes you uncomfortable, or if they say or do racist things to you, you can tell your boss or someone who represents your boss about it.

When you tell your boss or their representative about what happened, they must look into it to find out what really occurred. If they find out that it did happen, they have to do whatever they can to stop it from happening again.

Remember, this law applies even if the person who harassed you isn’t your boss. It could be someone else who works where you do, or even a customer or client.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60357.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
Previous

116: Special provision where sexual harassment alleged, or

“A rule that protects people who report sexual harassment by not allowing others to talk about their past relationships or what people say about them.”

Next

118: Sexual or racial harassment after steps not taken to prevent repetition, or

“If someone keeps bothering you at work after you've complained, and your boss doesn't try to stop it, it's like your boss is doing the bad thing.”

Part 9 Personal grievances, disputes, and enforcement
Personal grievances

117Sexual or racial harassment by person other than employer

  1. This section applies where—

  2. a request of the kind described in section 108(1)(a) is made to an employee by a person (not being a representative of the employer) who is in the employ of the employee's employer or who is a customer or client of the employer; or
    1. an employee is subjected to behaviour of the kind described in section 108(1)(b) by a person (not being a representative of the employer) who is in the employ of the employee's employer or who is a customer or client of the employer; or
      1. an employee is subjected to behaviour of the kind described in section 109 by a person (not being a representative of the employer) who is in the employ of the employee's employer or who is a customer or client of the employer.

        1. If this section applies, the employee may make a complaint about that request or behaviour to the employee's employer or to a representative of the employer.

        2. The employer or representative, on receiving a complaint under subsection (2), must inquire into the facts.

        3. If the employer or representative is satisfied that the request was made or that the behaviour took place, the employer or representative must take whatever steps are practicable to prevent any repetition of such a request or of such behaviour.

        Compare
        • 1991 No 22 s 36(1), (2)