Bell & Co Discuss Sexual Harassment In The Workplace

Andy Bell of Bell & Co. recently published a blog on the Bell & Co. website discussing sexual harassment in the workplace, As we know, over recent months, sexual harassment in the workplace has been widely publicised and debated in the public arena, and New Zealand was also recently shocked by revelations about some in the legal profession.

Section 108 of the Employment Relations Act 2000 covers the ambit of sexual harassment in our law, which covers actions that are sexual in nature and may cause distress to an employee. Language, materials or behaviour that is sexual in nature can be classed as sexual harassment. This can be verbal, written, visual or physical. The conduct must be unwelcome or offensive to the employee by the nature of the act or due to its repetition. If this conduct has a detrimental effect on the employee’s job, their job performance or their job satisfaction, it may be classed as sexual harassment.

As Andy explains, “The test for sexual harassment is objective with subjective considerations. Whether the conduct was sexual in nature is viewed objectively. Consideration of whether this conduct was unwelcome or offensive is assessed from the perspective of the complainant. It is important that the complainant is heard and that an environment is created to support them in speaking out.”

An employer has a duty under the Health and Safety at Work Act 2015 to keep their employees safe whilst working. It is detailed that an employee has a duty to keep themselves safe in the course of their employment. It is up to the employer to create an environment that is open for people to bring their concerns and to take complaints seriously for the good of the complainant and the accused. Under the Employment Relations Act 2000, if an employer fails to investigate, steps can be taken against the employer and the employer runs the risk of a constructive dismissal claim.

Andy concludes,  “The more people understand about sexual harassment, the greater the likelihood that these incidents will stop. People need to be more cautious of others in an area of life that is fundamental to many. 40 hours per week in a toxic work environment is not something anyone should have to endure.”

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