Why Sexual Harassment Complaints Are So Hard — and What Employers Must Do
What Is Sexual Harassment?
Sexual harassment is any unwelcome or offensive behaviour of a sexual nature that a reasonable person would find intimidating, humiliating or distressing. It includes (but is not limited to) unwanted touching, sexual jokes or remarks, intrusive questions about private life, repeated requests for dates, suggestive gestures, or comments about appearance. It may also include coercive or threatening behaviour, or misuse of power to pressure someone sexually.
Under New Zealand law (e.g. the Human Rights Act 1993, Employment Relations Act 2000, and obligations under Health & Safety at Work Act 2015 legislation), employees have a right to a workplace free from sexual harassment.
Why Employees Find It So Hard to Complain
Many employees hesitate to complain even when the behaviour is obvious and distressing. Some say they need to feed their families, pay rent, and often fear losing their job or being labelled a troublemaker. They may not be believed, or they may be told to “sort it out quietly.”
In one Wellington case, a male employee was later convicted on multiple counts of indecent assault, but the employer initially treated the conduct in a nonchalant way, ignoring its seriousness. The female employee, feeling unsafe and unsupported, resigned. This case highlights how inaction deepens the harm.
Why Employers Must Take Sexual Harassment Seriously
Sexual harassment is not a personality issue—it’s a workplace risk, both legally and morally. Those affected need to be supported, directed to agencies that can help, and not judged. Ignoring or mishandling the complaint can lead to personal grievance claims, breaches of health and safety duties, criminal exposure, repetitional damage, and low morale. Employers must take decisive, fair action whenever complaints arise.
First Steps for Employers
1. Listen immediately and sensitively.
2. Ensure safety for all parties.
3. Appoint a fair, independent investigator.
4. Maintain confidentiality.
5. Support both parties through EAP or counselling.
6. Decide, act, and follow through.
7. Review and strengthen systems after incidents.
The Value of a Strong Sexual Harassment Policy & Culture
A robust policy defines unacceptable behaviour, provides multiple safe reporting channels, outlines investigation processes, guarantees protection from retaliation, and specifies disciplinary consequences. When leadership is clear and consistent, staff feel safer and more willing to report concerns early.
If You Think You’re Being Sexually Harassed — What You Can Do
- Document everything — dates, times, what happened, and witnesses.
2. Speak to someone you trust – manager, HR, union rep, or lawyer.
3. Use internal reporting channels if available.
4. Contact external agencies for support.
5. Seek counselling or EAP.
6. Get legal advice early.
7. Remember: it’s not your fault—you have the right to dignity and safety.
Other Agencies and Support Services (New Zealand / Wellington Area)
|
Service / Agency |
What They Do / Notes |
Contact Info |
|
WorkSafe NZ |
Guidance and policies on sexual harassment prevention and investigation. |
www.worksafe.govt.nz |
|
HV SASH (Hutt Valley Sexual Abuse Support & Healing) |
Free crisis support and counselling for survivors of sexual harm. |
Crisis line: 0800 22 66 94 | www.hvsash.org.nz |
|
Wellington Rape Crisis |
Support and advocacy for survivors of sexual harm in Wellington. |
www.wellingtonrapecrisis.org.nz 0800 044 334 | Text 4334 | |
|
Safe to Talk (Sexual Harm Helpline) |
24/7 confidential counselling and support. |
www.safetotalk.nz |
|
Victim Support NZ |
Emotional & practical support for victims of crime. |
0800 842 846 | www.victimsupport.org.nz |
|
ACC Sensitive Claims Helpline |
Counselling and support for sexual abuse survivors. |
0800 735 566 |
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|
Police |
If you are in danger or a crime has occurred, call immediately. |
111 (Emergency) | 105 (Non-emergency) |
