Workplace Harassment: Understanding and Addressing the Issue
What is Workplace Harassment?
In a nutshell, workplace harassment is any unwelcome and unsolicited behavior that creates a hostile or intimidating work environment for employees.
The Employment New Zealand Government website defines it as:
“Unwelcome and inappropriate verbal or physical conduct in the workplace that creates an intimidating, hostile, or offensive work environment.”
Examples of workplace harassment include:
- Verbal abuse or offensive comments
- Unwanted sexual advances
- Bullying or intimidation
- Discrimination based on race, gender, age, or other protected characteristics
- Physical harassment or threats
- Psychological harassment, such as manipulation or coercion
Workplace Harassment Process
If you find yourself in a situation like this, then Jamieson Partners can help.
A typical workplace harassment process:
1) Attempt to resolve the issue directly with your employer
Sometimes, going back to your boss and informing them that you have taken advice may resolve the issue at no cost to yourself. If this doesn’t happen and you engage Jamieson Partners, we will likely raise the matter with your employer and seek a meeting to sort things out.
2) Engaging with an employment law expert or service
If things can’t be resolved directly, the government provides a free mediation service. However, it is often better to use a specialist (such as Jamieson Partners) to guide you through this process to a successful outcome.
3) Discussing the harassment to determine an ideal outcome for you
This involves meeting with you, setting out the issues in a formal letter, and determining what you want to be done about it.
For example, if you are being harassed by a manager or co-worker, we would seek to move you away from the harasser, seek compensation for the distress you have been put through, and/or seek reinstatement into your job. The grievance must be raised with the employer within 90 days.
4) Next steps if mediation fails
Should mediation not settle the matter, you have the option of taking the grievance through to the Employment Relations Authority, or as a last resort, the Employment Court. Here again, a better outcome is more likely if represented by an employment law expert.
It’s important to remember that taking this step can lead to publicity, which can jeopardize career opportunities. Mediation, on the other hand, is private and confidential, and most grievances are sorted this way.
What’s the timeline? How long does a workplace harassment case take?
There is no set timeline for resolving workplace harassment issues, and depending on individual circumstances and the harassment involved, it can take anywhere from days to months.
Free 15-minute phone consultation
To discuss the workplace harassment process or any harassment-related questions you may have, simply call or complete the contact form to arrange a free 15-minute phone consultation.