Personal grievance
What if someone other than the employer harasses an employee?
If an employee is harassed by a person other than the employer or employer's representative (a contractor, parent or student) then the employee may make a complaint to the employer.
Contact NZSTA in the first instance.
If a formal complaint is made to the employer about harassment from someone other than the employer or its representative then the employer must inquire into the facts. If the employer is satisfied that harassment took place then it must take practicable steps to prevent any repetition of such harassment
If steps are not taken to prevent repeat harassment of this nature then any further harassment is deemed to have been committed by the employer.
Sexual harassment by someone other than the employer or representative
In circumstances where a person other than the employer or representative is alleged to have sexually harassed the employee then the harassment only has to include language, visual material or behaviour of a sexual nature that is unwanted and offensive to that employee. In such cases, the sexual harassment does not have to include a threat to the employment of the employee or a promise of preferential treatment.
Updated: October 2011
