Newsflash: Change to timeframe to raise sexual harassment personal grievances

A small, but significant, employment law change took force this week: as from 13 June 2023, the time for employees to raise a personal grievance for sexual harassment has risen from 90 days to 12 months.

For all other personal grievances, the time to notify the employer is unchanged at 90 days.

From now on, employers must include the modified time in new employment agreements. So templates for new employees need to be reviewed by employers now.

Do employers need to change the agreements with existing employees? Technically not, as the change occurs regardless.

However, a small potential fishhook here. The Employment Relations Act sets the timeframes for raising grievances, but if these are not set out in the employment agreement, then this can be a reason for the employee to raise their grievance late, on the grounds that there are “extraordinary circumstances”. So if employers don’t have the new 12-month period specified in their agreements, then potentially an employee could raise a sexual harassment grievance after 12 months, and be entitled to do so.

It isn’t a bad time to review and implement new agreements for all, as there have been a few changes in employment law recently: the increase to 10 days sick leave, the addition of the Matariki public holiday, and now this. Balance that out with expected significant changes to the Holidays Act next year. It may be that taking a small risk of the potential for late sexual harassment claims is worth not going through the upheaval of putting in place new agreements for all employees now. But if it’s something you would like to discuss, please don’t hesitate to be in contact.