Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Personal grievances

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

You could also call this:

"What happens if your boss doesn't stop harassment at work from happening again"

If you make a complaint about someone at work because of sexual or racial harassment, and that person does something similar again, this section might apply to you. You can find out what kind of behaviour is considered harassment in section 108(1)(a) and section 108(1)(b) or section 109. Your employer should take steps to stop this behaviour from happening again.

If your employer does not take these steps, you are considered to have a personal grievance. This means you have been harassed at work, and it is as if your employer did it. You can find more information about making a complaint in section 117(2).

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60358.



Part 9Personal grievances, disputes, and enforcement
Personal grievances

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

  1. This section applies if—

  2. a person in relation to whom an employee has made a complaint under section 117(2) either—
    1. makes to that employee after the complaint a request of the kind described in section 108(1)(a); or
      1. subjects that employee after the complaint to behaviour of the kind described in section 108(1)(b) or section 109; and
      2. the employer of that employee, or a representative of that employer, has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour.
        1. If this section applies, the employee is deemed for the purposes of this Act and for the purposes of any employment agreement to have a personal grievance by virtue of having been sexually harassed or racially harassed, as the case may be, in the course of the employee's employment as if the request or behaviour were that of the employee's employer.

        Compare
        • 1991 No 22 s 36(3)