Sexual Harassment at Work: Your Rights in New Zealand

Sexual harassment at work is more common than many employers admit, and too often it goes unreported because people aren’t sure what counts, or fear the consequences of speaking up. New Zealand law is clear: you have the right to a workplace free from sexual harassment, and there are multiple avenues to hold an employer accountable when that right is breached.

What counts as sexual harassment?

Under both the Employment Relations Act 2000 (s 108) and the Human Rights Act 1993, sexual harassment includes any of the following where it is unwelcome or offensive and either repeated or significant enough to have a detrimental effect:

A request for sex, sexual contact, or other sexual activity that carries an implied or overt promise or threat (for example, “go along with this and you’ll get the promotion”)
Unwelcome sexual behaviour, comments, or material, whether verbal, physical, or visual
Sexually suggestive jokes, messages, images, or repeated unwanted advances

Importantly, it does not have to be repeated to count if a single incident is serious enough. And it can come from a manager, a colleague, or even a client or customer.

Your employer's legal duty

Employers are not passive bystanders here. Under the Health and Safety at Work Act 2015, they must manage the risk of harassment as a workplace hazard, and under the Employment Relations Act they must provide a safe workplace and act in good faith. If you complain and the employer fails to investigate properly or take reasonable steps, that failure itself can be an unjustified disadvantage giving rise to a personal grievance.

The avenues open to you

You actually have a choice of paths, and sometimes more than one applies:

A personal grievance under the Employment Relations Act, raised with your employer within 90 days of the incident.
A complaint to the Human Rights Commission under the Human Rights Act, which offers free mediation.
Reporting to WorkSafe NZ where there is a serious health and safety risk.

You generally can’t pursue the same complaint through both the ERA and the Human Rights Commission, so choosing the right path early matters.

What to do

Prioritise your safety. If you’re in immediate danger, remove yourself and seek support.
Document everything. Save messages, note dates, times, what was said, and any witnesses.
Report it in writing. Follow your employer’s harassment or complaints policy if there is one.
Get advice early. The 90-day clock runs fast, and the right path depends on your circumstances.

We offer a free initial consultation to review your situation and make sure your rights are protected. If you have received a restructure proposal, been told your role is at risk, or already been made redundant, contact McKenzie Law today. The earlier we are involved, the more options you have.

Disclaimer: this article is general information only and is not legal advice. Every situation turns on its own facts. For advice on your circumstances, please contact us directly.

FAQs

My employer said the decision was already made when they “consulted” me — is that legal?

No. Consultation must take place before the decision is finalised, with a genuinely open mind. An employer who has already decided the outcome before consulting has not met the legal standard. This is one of the most common procedural failures in NZ redundancy processes — and one of the strongest bases for a personal grievance.

My role was made redundant, but someone else is now doing very similar work — what does that mean?

It is a strong indicator of a sham redundancy. If the substance of your role has effectively been redistributed or a near-identical position has been created or filled shortly after your disestablishment, the redundancy may not have been genuine. Seek legal advice and document everything you know about what happened to your duties.

Am I entitled to a redundancy payout?

Only if your employment agreement provides for one, or you successfully negotiate one. There is no statutory minimum in New Zealand. However, if the redundancy process was flawed, you may be entitled to remedies through a personal grievance — including compensation for hurt and humiliation and lost remuneration — which can exceed any contractual payout.

My employer gave me 48 hours to respond to the restructuring proposal — is that enough time?

It depends on the complexity of the proposal, but 48 hours is generally very short for a significant restructure affecting your employment. Best practice under NZ law is to provide adequate time to seek independent advice, prepare a response, and genuinely engage. A tight deadline that prevents meaningful consultation is a procedural flaw that can undermine the entire process.

Can I challenge a redundancy if I’ve already signed my exit documents?

If the documents were signed and countersigned by an MBIE mediator, the settlement is likely full and final. However, if you signed an agreement directly with your employer without MBIE involvement, the position may be more complex. Either way, seek legal advice immediately — the window to act may still be open depending on the circumstances.

Talk to McKenzie Law before your next move

At McKenzie Law, we represent employees only — and we have seen every variation of a rushed, predetermined, or retaliatory redundancy there is. If you have received a redundancy proposal, if your consultation felt like a formality, or if you believe your role was not genuinely surplus — we want to hear from you.

McKenzie Law is an Auckland-based employment law firm representing employees across New Zealand — including Auckland, Wellington, Christchurch, Hamilton, Tauranga, and all regions. All content is general in nature and does not constitute legal advice. For advice specific to your situation, contact us directly.