09.06.2023

Breaking News: Timeframe to raise a personal grievance for sexual harassment set to increase to 12 months

The timeframe to raise a personal grievance for sexual harassment is about to increase from 90 days to 12 months.

This change will come about as a result of the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Bill, which passed its third reading on Wednesday, 7 June 2023.  This means that the Bill has now passed all of the hurdles in the parliamentary process and awaits Royal Assent, which is expected to be given any day now.

This is quite a significant change from the status quo, with the timeframe to raise a personal grievance previously being limited to 90 days, irrespective of the basis for the personal grievance.

The rationale is to allow victims of sexual harassment more time to consider whether they want to bring a personal grievance, thereby improving the process for victims.

What do employers need to do?

Once the Bill is given Royal Assent, it will have practical implications for employers.

New employment agreements will need to specifically reference the 12 months within which an employee can raise a personal grievance for sexual harassment.  This is in addition to the requirement to specify 90 days for other types of personal grievances.  Here, new employment agreements are those that are entered into on or after the date of commencement, which will be the day after the Bill receives Royal Assent.

It is important to note that this requirement will apply irrespective of when bargaining or negotiations in respect of an employment agreement started, even where talks began before the commencement date.

Employers could face a monetary penalty for failure to include reference to the 12-month period and the 90-day period in new employment agreements. 

What about current employment agreements?

Employers do not need to update current employment agreements.  A recent Supplementary Order Paper removed any requirement to amend current employment agreements.  However, employers might want to review their relevant workplace policies, to ensure that those policies are up to date.

If you have any questions about the new 12-month timeframe to raise a personal grievance for sexual harassment or have any questions about reviewing workplace policies, please get in touch with our Employment Law Team or your usual contact at Hesketh Henry.

Disclaimer:  The information contained in this article is current at the date of publishing and is of a general nature.  It should be used as a guide only and not as a substitute for obtaining legal advice.  Specific legal advice should be sought where required.

Kerry
Media contact - Kerry Browne
Please contact Kerry with any media enquiries and with any questions related to marketing or sponsorships on +64 9 375 8747 or via email.

Related Articles / Insights & Opinion

Mediation wide BW
Employment Law’s Dispute Resolution Process – Employment Relations Authority and Employment Court
In our last article, we introduced the dispute resolution process in the employment jurisdiction by discussing mediation – specifically, what mediation is and what to expect. This article discusses ...
17.04.2025 Posted in Employment
You’ve Been Served: Navigating the Use of Statutory Demands
An Introduction to Statutory Demands: A statutory demand is a legal document that is issued by a creditor (Creditor) to a debtor company (Debtor) demanding payment of a debt that is due and owing.  T...
15.04.2025 Posted in Insolvency and Restructuring
iStock  Succession Plan medium
Passing the Torch: Priming your Family Business for a Succession
As the first in a series of articles looking at the generational wealth transition and its impacts on business succession in New Zealand, Ben Hickson (partner, Corporate & Commercial) and John Kir...
07.04.2025 Posted in Corporate & Commercial & Private Wealth
Deciding to Wind Up? Observations on winding-up a trust from a recent High Court case
A trust can be a hassle and expensive to maintain.  So, it is not unusual for clients to reflect on whether a trust should be maintained. When settlors, Bert and Diana Queenin, decided to wind up the...
24.03.2025 Posted in Private Wealth
Mediation wide BW
Employment Law’s Dispute Resolution Process – Mediation
Navigating the dispute resolution process in the employment jurisdiction can be tricky. This article aims to spell out the key considerations for those involved in or contemplating mediation, which is...
24.03.2025 Posted in Employment
empty wallet finance concept
Amendment to the Crimes Act 1961: Intentionally not paying employees their wages now deemed theft
An amendment to the Crimes Act 1961 (Crimes Act) – the Crimes (Theft by Employer) Amendment Bill has been passed by Parliament and received Royal assent. It is now an enforceable provision of th...
14.03.2025 Posted in Employment
Time’s Up: Late Redelivery and the Assessment of Damages in Hapag Lloyd AG v Skyros Maritime Corporation and Hapag Lloyd AG v Agios Minas Shipping Company
The English Commercial Court gave an instructive judgment on the assessment of damages in Hapag Lloyd AG v Skyros Maritime Corporation and Hapag Lloyd AG v Agios Minas Shipping Company; an appeal brou...
11.03.2025 Posted in Trade and Transport
SEND AN ENQUIRY
Send us an enquiry

For expert legal advice, please complete the form below or call us on (09) 375 8700.