Schedule 2: Dealing with Sexual Harassment

Sexual harassment is unwelcome or offensive sexual behaviour. It can involve the way someone speaks to the employee, unwanted physical contact or stalking. It can also be someone sending an employee unwanted messages, pictures or other images containing sexual content. The behaviour doesn’t have to be repeated to be harassment - serious one-off behaviour can be sexual harassment if it has a harmful effect on the employee.

It is also sexual harassment for someone to request sexual activity from an employee with a suggestion of a reward if they agree, or a threat of negative consequences if they refuse.

The Human Rights Act 1993 (the Act) makes sexual harassment unlawful in areas of public life, such as employment, housing, and education. The Employment Relations Act also covers sexual harassment in employment.

Sexual harassment is not acceptable to the NZEI Te Riu Roa or PPTA Te Wehengarua.

The offence given by the harassment is to be judged by the complainant. Principals must consider complaints seriously and sympathetically, ensuring that no victimisation of the complainant occurs.

A school’s board must have policies and procedures to eliminate sexual harassment in the school. The school charter requires that there are appropriate and proper procedures to handle complaints.

Sexual harassment is a breach of both the Human Rights Act 1993 and the Employment Relations Act 2000.

The Human Rights Commission can provide advice and support.

More information is available at https://tikatangata.org.nz/resources-and-support/guidelines/sexual and at https://www.employment.govt.nz/resolving-problems/bullying-harassment-and-discrimination/harassment-at-work.

Personal grievance and sexual harassment: Personal grievance can be a remedy for sexual harassment (see Part Eight of the agreement). More information on personal grievances can be found at https://www.employment.govt.nz/resolving-problems/how-to-resolve-problems/personal-grievances.

A complainant may choose to seek remedies either through the personal grievance procedures or the Human Rights Commission, but not through both.