New Zealand Legislation: Acts

69 Further provision in relation to sexual or racial harassment in employment

• (1) Where—

  • (a) a request of the kind described in section 62(1) is made to an employee; or

  • (b) an employee is subjected to behaviour of the kind described in section 62(2) or section 63—

  by a person who is a customer or a client of the employee's employer, the employee may make a complaint in writing about that request or behaviour to the employee's employer.

  (2) The employer, on receiving a complaint under subsection (1),—

  • (a) shall inquire into the facts; and

  • (b) if satisfied that such a request was made or that such behaviour took place,—

  shall take whatever steps are practicable to prevent any repetition of such a request or of such behaviour.

  (3) Where any person, being a person in relation to whom an employee has made a complaint under subsection (1),—

  • (a) either—

    • (i) makes to that employee after the complaint a request of the kind described in section 62(1); or

    • (ii) subjects that employee after the complaint to behaviour of the kind described in section 62(2) or section 63; and

  • (b) the employer of that employee has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour,—

  that employer shall be deemed to have committed a breach of this Act and the provisions of this Act shall apply accordingly.