Personal grievances are a standard part of employment law in New Zealand. Personal grievances protect employees from an employer\u2019s unjustifiable actions, including unjustified dismissal, discrimination, and sexual harassment. Employees have a 90-day limit to raise a personal grievance to their employer. Recently, however, there has been an amendment in the law to allow for an extension of time for raising a personal grievance for sexual harassment. This article will discuss the changes in the law and how they may affect your business.<\/p>\n\n\n\n
Personal grievances<\/a> cover an extensive range of actions deemed \u201cunjustifiable\u201d for an employer to do. This includes:<\/p>\n\n\n\n Employees who believe they have experienced a grievance can lodge a grievance with the Employment Relations Authority (\u2018ERA\u2019). <\/p>\n\n\n\n Sexual harassment<\/a> is a direct or indirect request for sexual activity that can be:<\/p>\n\n\n\n For example, an employer who promises an employee a pay rise or promotion in exchange for sexual contact would be an instance of sexual harassment. Additionally, sexual harassment in the workplace can look like:<\/p>\n\n\n\n However, you should note that sexual harassment can constitute a personal grievance even if it was not the employer who committed the harassment. Instead, an employee can also commit sexual harassment.<\/p>\n<\/div>\n\n\n\n As an employer, you are responsible for preventing and responding to sexual harassment<\/a> in the workplace. If your employee complains about being sexually harassed, you must investigate the situation and take appropriate steps for it not to occur again.<\/p>\n\n\n\n Previously, employees had to raise personal grievances for sexual harassment within a standard 90-day time frame. However, as of 12 June 2023, employees can raise a personal grievance for sexual harassment within 12 months of the act occurring.<\/p>\n\n\n\n Notably, the extended timeframe starts from the day the sexual harassment occurred or came to the employee\u2019s notice, depending on whichever is later. Ultimately, the extended time frame allows workers to:<\/p>\n\n\n\n\n
What is Sexual Harassment?<\/h2>\n\n\n\n
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Recent Changes to the Law<\/h3>\n\n\n\n
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