# Harassment at work Official source: https://www.employment.govt.nz/resolving-problems/bullying-harassment-and-discrimination/harassment-at-work Scanned: 2026-06-07T03:31:31.402Z Use this as a current official guidance reference, not as a substitute for legal advice. ## Page Text Home Resolving problems Bullying, harassment and discrimination Harassment at work Bullying, harassment and discrimination Resolving problems Problems in the workplace Misconduct Bullying, harassment and discrimination Preventing bullying, harassment and discrimination Bullying at work Harassment at work Discrimination If you feel bullied, harassed or discriminated against Dealing with bullying, harassment and discrimination Illness and injury Migrant exploitation Work relationship problems How to resolve problems Protected disclosure Employment during and after disasters Addressing Holidays Act non-compliance Everyone Harassment at work Sexual, racial and other forms of harassment are serious issues that employers must properly investigate and act on. Behaviour in the workplace that amounts to harassment of any kind may be considered misconduct When an employee does something wrong through their actions or inaction, or their general behaviour. It can be at 2 different levels: misconduct and serious misconduct. and should be investigated by the employer, even if the employee affected does not want to raise a personal grievance An action that an employee can take against a current or former employer when they have an employment issue they cannot resolve. or make a complaint to the Human Rights Commission Te Kāhui Tika Tangata. Employer responsibilities Harassment is a workplace risk and, as such, is the employer's responsibility to deal with it under the: Health and Safety at Work Act 2015 Employment Relations Act 2000 Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023, and Human Rights Act 1993. Harassment in the workplace could be sexual, racial, or some other form of behaviour that affects an individual’s mental wellbeing and ability to do their job in a safe, supportive working environment. Employers must provide employment that is free from harassment. If an employer receives a complaint about alleged harassment, they must properly investigate The process of looking into what has led to a complaint or allegation in the workplace. The purpose of an investigation is to establish the facts before a decision is made about what happens next. what has happened. If it is confirmed that harassment did take place, the employer must take all practicable steps to prevent it from happening again. What is sexual harassment? The Employment Relations Act 2000 defines sexual harassment as direct or indirect requests for sexual activity. The person doing the harassing could be the employer (such as a manager), or an employer’s representative, co-worker, a volunteer, or even a non-employee like a client, contractor A self-employed person or independent contractor who is hired to perform services under a ‘contract for services’. , or supplier. In typical cases, the person might: subtly or obviously ask the employee for sex, sexual contact, or other sexual activity, with a: promise of better treatment in their employment, or threat of either worse treatment, or their current or future job security; or subject, either directly or indirectly, the employee to behaviour of a sexual nature they do not want or find offensive, and that negatively impacts the employee’s employment, performance or job satisfaction. Sexual harassment could be in the form of: written or spoken language visual material such as pictures, diagrams, photos and videos, or physical behaviour.  Behaviour of this sort can affect the employee’s job performance, job satisfaction, or even desire to come to work. Any actions or words of a sexual nature that interfere with or affect an employee’s ability to work are considered sexual harassment — particularly if those actions or words are repeated or create an uncomfortable atmosphere. Victims of the harassment are not just the target of the behaviour, but anyone affected by it. For example, a co-worker standing nearby when inappropriate sexual comments are made may be affected even if the comments are not directed toward them.  Here are some examples of behaviours that could be considered sexual harassment in the workplace. Sharing sexually inappropriate images or videos, like pornography or sexual gifs, with co-workers. Sending suggestive letters, notes, messages or emails. Displaying inappropriate sexual images, for example, on posters or calendars in the workplace. Telling vulgar jokes or sexual anecdotes. Making inappropriate hand or body sexual gestures. Staring in a sexually suggestive or offensive manner, or whistling. Making sexual comments about appearance, clothing or body parts. Inappropriate touching, including pinching, patting, rubbing or purposefully brushing up against another person. Asking sexual questions, for example, queries about someone’s sexual history or their sexual orientation. Making offensive comments about someone's sexual orientation or gender identity. Unwanted comments or teasing about a person's sexual activities. Persistent and unwelcome social invitations, or telephone calls or emails, from workmates at work or at home. What is racial harassment? An employee is racially harassed if the employer, or a representative of the employer, uses language (written or spoken) or visual material, or physical behaviour that directly or indirectly: expresses hostility towards the employee, or brings the employee into contempt or ridicule, because of their race, colour, or ethnic or national origins, and is hurtful or offensive to the employee (even if they do not let the employer or the employer’s representative know this), and is so significant or repeated that it has a negative effect on their employment, job performance or job satisfaction. There does not need to be intent for the actions to be considered racial harassment. It depends on the impact the behaviour has on the affected person. Making offensive remarks about a person's race. Copying or making fun of the way a person speaks. Making jokes about a person's race. Calling people racist names. Deliberately mispronouncing or mocking people's names. Other forms of harassment General harassment includes any unwanted and unjustified behaviour that another person finds offensive or humiliating, which is serious or repeated, and has a negative effect on the person’s employment, job performance or job satisfaction. Specific protection from other forms of harassment at work is not covered by legislation, but if an employee is subjected to another form of harassment, they may be able to bring a personal grievance, for example, if: other forms of harassment are included in workplace policies or employment agreements A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement. , or the harassment leads to unjustified disadvantage or constructive dismissal. Personal grievances Comments or behaviour that express hostility, contempt or ridicule. Repeated put-downs for people of a particular age, body shape or gender identity. A general work atmosphere of repeated jokes, teasing, or ‘fun’ at someone else’s expense because of a particular characteristic they have. Other forms of harassment may be considered bullying if they are repeated. If you think you have been harassed If you believe you have been harassed at work, there are a number of options available to you to resolve the issue. Is it sexual, racial or other harassment? Before you take any action, you should consider whether the behaviour meets the legal descriptions of ‘harassment’. Sexual and racial harassment are defined by law, but harassment can also be general in nature with no strict definition. Specific protection from other forms of harassment at work is not included in legislation, but if you are subjected to another form of harassment you may be able to bring a personal grievance, for example, if: other forms of harassment are included in workplace policies or employment agreements the harassment leads to unjustified disadvantage or constructive dismissal. Addressing the harassment yourself The first step may be for you to address the harassment yourself. You should check if there are any policies and guidance in your workplace for addressing harassment and follow these. You might feel intimidated or concerned that your job could be in jeopardy if you say something. Only take steps to address the harassment yourself if you feel safe and comfortable doing so. You may want to let the person you think is harassing you know how their behaviour makes you feel or may be making others feel. You can directly ask them to stop their behaviour either face-to-face or in writing. If you take steps to address the harassment yourself, you should still report it, for example, to your manager or whoever is responsible so that they can support you and ensure the workplace culture does not accept this behaviour. It is important they know it has happened, even if you are able to resolve the matter yourself. If you feel safe addressing the issue in person, you can bring a support person with you like a trusted friend or colleague. You should communicate clearly that their actions or comments are offensive to you, or others, and are unwelcome. The outcome could be that, after some discussion, the person whose behaviour you think was offensive apologises and agrees not to behave that way again. You should confirm the agreed outcomes in writing and let your manager know. If you do not feel safe and comfortable addressing the harassment yourself, you can choose to report it to your employer or seek external advice. Reporting harassment You can report harassment to your employer. This might be to your own manager, to human resources or another manager. They may give you the name of another person to contact, especially if there is no established human resources department. If you are unable to report the harassment because there is not a human resources department or your manager is involved, you can contact us and we can provide impartial, free and confidential early resolution or mediation services. Early resolution Mediation It’s okay to report harassment in person, but you should follow up with a formal email or letter containing the following information. The subject line ‘Formal complaint of alleged harassment’ — this puts the employer on notice that you are making a serious complaint which requires action. A timeline with as many names, dates and actions documented as possible. Any witnesses you can list are helpful. Details of what happened, who said what, when, how you felt, and what the consequences were. Whether the behaviour is ongoing, or you are concerned it might be repeated. Any concerns that you have about your situation — are you concerned that because you turned down a date request your manager will overlook you for a pay raise or the best project? You can also use these templates from WorkSafe to report bullying and harassment. Bullying: Reporting and assessment forms – WorkSafe (external link) Reporting form: Sexual harassment – WorkSafe (external link) Making a complaint Complaints of harassment can be made within an organisation through managers, or human resources or health and safety representatives. The person who investigates your complaint will try to resolve it internally. To do this, they will need details from you about what happened and the person you have complained about. In some cases, they may be able to resolve the problem by telling the person that their behaviour was inappropriate, asking them not to do it again, and making sure the behaviour has stopped. The person who investigates must be clear about what actually happened. Otherwise, a full investigation will need to be carried out to be fair to the person accused of harassment. You should consider asking the person investigating the complaint: what the process will be for dealing with the complaint that the complaint be handled confidentially for any written copy of the complainant response, and any other documents relating to it, to be given to you that an independent investigator be used for the expected timeframe for resolving issues that a support person be present for any interview. After the investigation, the investigator should tell you: whether the behaviour you reported was considered harassment what action will be taken to address it and when action has been taken, so that you know that the matter is being, or has been, addressed. Seeking external help If your complaint cannot be resolved, or you are unhappy with the way a complaint is being handled or with a decision that has been made, you may wish to get external advice. A lawyer, employment advocate, union representative, the Citizen Advice Bureau (CAB) or Community Law Centres (CLC) can help you make a formal complaint. If you are not sure which option to take, the services listed below can provide more information. Employment New Zealand If you are not happy with your employer’s response, you can raise a personal grievance through Employment New Zealand’s free, impartial and confidential mediation services to try and resolve the issue. Our phone-based Early Resolution service helps to resolve workplace issues quickly and informally before they become too serious and require a more formal process. Early Resolution Our mediation service helps both parties work voluntarily with an independent mediator to reach a solution. Mediation Employees can raise a personal grievance in some circumstances. A personal grievance must be raised within certain timeframes. Personal grievances If a resolution is not reached