subject: Workplace Harassment [print this page] Workplace Harassment Workplace Harassment
Under New Zealand law, employers are obliged to create a happy and safe working environment for all employees. While most employers work hard to achieve this, some let inappropriate behaviour slip under the radar, and others not only allow harassment, but actively participate in it.
Harassment in the workplace is a common complaint appearing in New Zealand courts, and it's estimated many more cases go unreported, as people are afraid of losing their livelihood by coming forward to report workplace accidents.
Workplace harassment can be defined as unwelcome comments, conduct or gestures, intimidation, humiliation and other offensive and hurtful tactics. Harassment might be physical, mental or emotional, and could be an isolated incident, or reoccurring problems.
If you're being harassed at work, the first thing you should do is report the behaviour to your boss. Your company should have a procedure in place to deal with harassment cases. Ensure your boss follows this procedure.
If your boss is the person doing the harassment, report them to someone higher up. If there is no one higher up, you may still need to bring up the harassment case with your boss, but it may pay to have an impartial third party with you when you do so. A qualified employment lawyer could advise you on what to do.
Even though Section 66 of the Human Rights Act states it's unlawful for a person to be discriminated against for making a complaint of discrimination, it is just this behaviour that many employees seek to avoid by keeping quiet about such complaints.
But you should never keep quiet about harassment. For starters, you're allowing the person to get away with their behaviour, and you may not be the only victim. You're also allowing yourself to continue working in an environment that's hurtful to yourself.
If your workplace avenues and internal disciplinary inquiries fall though, you can take up a personal grievance against your employer if they directly or indirectly subject you to unwelcome behaviour. This grievance must be lodged within 90 days of the alleged act. If you're taking a personal grievance against your employer, you will need the advice of a quality employment lawyer.
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