Employment Relations Act 2000 + HSWA 2015 + Human Rights Act 1993
Workplace harassment in New Zealand — employer obligations
Employers have legal obligations to prevent and respond to workplace harassment and bullying. Failing to act creates serious liability. Here's what the law requires.
📋 ERA 2000 + HSWA 2015, Section 36 + Human Rights Act 1993
What counts as workplace harassment?
Repeated, unwanted behaviour that causes harm
Workplace harassment (bullying) is repeated, unreasonable behaviour directed at a worker or group that creates a risk to health and safety. Single incidents can also constitute harassment if serious enough.
It includes: verbal abuse, humiliation, exclusion, threats, intimidation, persistent unreasonable criticism, spreading false rumours, sabotaging work, and psychological pressure.
Sexual harassment is separately defined in the ERA and Human Rights Act — unwelcome sexual conduct that is offensive, humiliating, or threatening.
Employer legal obligations
Three overlapping frameworks
HSWA 2015: Harassment and bullying are psychosocial hazards. As a PCBU, you must identify and manage them just like physical hazards — assess the risk, implement controls, monitor.
Employment Relations Act: Employers must act in good faith. Allowing harassment to continue breaches the employer's duty of good faith and may give rise to personal grievances — including constructive dismissal if the employee is forced to resign.
Human Rights Act: Sexual and racial harassment are specifically prohibited. Employers are vicariously liable for harassment by their employees unless they took all reasonably practicable steps to prevent it.
What you must have in place
- A written harassment and bullying prevention policy
- A clear complaints procedure — who to complain to, what happens, confidentiality
- Regular training for all staff on what harassment is and how to report it
- A process for investigating complaints promptly and fairly
- Protection for complainants — no retaliation
- Disciplinary procedures for perpetrators
How to respond to a harassment complaint
- Take the complaint seriously — acknowledge receipt and the seriousness
- Consider whether interim measures are needed (e.g. temporarily separating the parties)
- Appoint an impartial investigator — internal or external
- Investigate promptly and thoroughly — interview both parties and witnesses
- Reach a finding and communicate the outcome to both parties
- Take proportionate action against the perpetrator if the complaint is substantiated
- Support the complainant — check in after the process
- Review your systems to prevent recurrence
Liability for not acting
If you fail to respond appropriately to harassment, the victim can bring:
- A personal grievance for unjustified disadvantage or constructive dismissal
- A complaint to the Human Rights Commission
- A WorkSafe investigation (psychosocial hazard not managed)
- A civil claim for damages under the Human Rights Review Tribunal
Frequently asked questions
Is a single incident harassment?
A single very serious incident — such as assault, threatening behaviour, or egregious sexual harassment — can constitute harassment even without repetition. The key question is whether it causes harm or creates a hostile work environment.
What if the harassment is from a customer or client?
You still have an obligation to protect your workers. Take the complaint seriously, investigate what happened, consider barring the individual from the premises, and support the affected worker.
Can the accused be suspended during investigation?
Yes — suspension on pay can be appropriate to protect the integrity of the investigation or the safety of the complainant. But suspension must be on full pay and should not prejudge the outcome.
What if the complaint is found to be vexatious?
If an investigation finds the complaint was made in bad faith, disciplinary action against the complainant may be appropriate. But this must be handled carefully — most complaints, even if unsubstantiated, are made in good faith.