The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment ) Amendment Act became law on 13 June 2023. The time within which a personal grievance can be raised for sexual harassment has now been extended from 90 days to 12 months. As the Explanatory Note to the Bill set out, coming forward to report sexual harassment can be difficult, and it is common for victims of sexual harassment to wait a long time before coming forward, if they do so at all. “For a person who has been the subject of personal harassment, 90 days may not be enough as it can take people some time to consider what had occurred and feel safe to raise it with others”.
The law change means that, for employment agreements entered into on or after 13 June 2023, the plain language explanation of services available for the resolution of employment relationship problems “must include” a reference to the 12-month period within which a sexual harassment grievance must be raised as well as the 90-day period for other grievances. Section 65(4) of the Employment Relations Act 2000 provides an employer who fails to comply with the new requirement is liable, in an action brought by a Labour Inspector or the employee concerned, to a penalty imposed by the Employment Relations Authority.
It is therefore vital that employers now ensure that their employment agreement templates are updated to include a reference to the extended time period. Although it is not a requirement that existing employment agreements be amended, we recommend as a matter of best practice that existing employees be told by letter or email that the legislative changes have occurred, and what the effect is.
We also recommend that employers review their sexual harassment policies from time to time and provide employees with access to updated copies on an ongoing basis.
We are available for confidential conversation if you feel that you or someone in your workplace may have experienced sexual harassment. We can also assist with the review of employment agreements.
Contact us: lawyer@btlaw.co.nz
(Posted 27 June 2023)