Employment Relations Act 2000

117 Sexual or racial harassment by person other than employer

(1)

This section applies where—

(a)

a request of the kind described in section 108(1)(a) is made to an employee by a person (not being a representative of the employer) who is in the employ of the employee’s employer or who is a customer or client of the employer; or

(b)

an employee is subjected to behaviour of the kind described in section 108(1)(b) by a person (not being a representative of the employer) who is in the employ of the employee’s employer or who is a customer or client of the employer; or

(c)

an employee is subjected to behaviour of the kind described in section 109 by a person (not being a representative of the employer) who is in the employ of the employee’s employer or who is a customer or client of the employer.

(2)

If this section applies, the employee may make a complaint about that request or behaviour to the employee’s employer or to a representative of the employer.

(3)

The employer or representative, on receiving a complaint under subsection (2), must inquire into the facts.

(4)

If the employer or representative is satisfied that the request was made or that the behaviour took place, the employer or representative must take whatever steps are practicable to prevent any repetition of such a request or of such behaviour.

Compare: 1991 No 22 s 36(1), (2)