Employment Relations Act 2000

118 Sexual or racial harassment after steps not taken to prevent repetition

(1)

This section applies if—

(a)

a person in relation to whom an employee has made a complaint under section 117(2) either—

(i)

makes to that employee after the complaint a request of the kind described in section 108(1)(a); or

(ii)

subjects that employee after the complaint to behaviour of the kind described in section 108(1)(b) or section 109; and

(b)

the employer of that employee, or a representative of that employer, has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour.

(2)

If this section applies, the employee is deemed for the purposes of this Act and for the purposes of any employment agreement to have a personal grievance by virtue of having been sexually harassed or racially harassed, as the case may be, in the course of the employee’s employment as if the request or behaviour were that of the employee’s employer.

Compare: 1991 No 22 s 36(3)