Workplace sexual misconduct register to be introduced

There have been 215 complaints of sexual harassment in the workplace in the past three-and-a-half years - nearly 85 per cent from women. Photo / 123RF

The Ministry of Business, Innovation and Employment will begin collecting information on allegations of sexual misconduct in the workplace.

The move comes after Women's Minister Julie Anne Genter sought advice on how to track patterns of sexual harassment complaints by employer. MBIE has not collected the data before.

"Laying a complaint is an incredibly difficult step for victims of assault to make, and currently Government keeps no record of these complaints to help inform policy," Genter said.

"No woman should have to put up with sexual harassment in the workplace. The #metoo movement has had a huge effect on people all over the world and their willingness to speak up about these issues."

Genter said the data would be used responsibly and individual privacy will be paramount.

"No individual or workplace data will be made available. But the information will help us to understand the scale of the issue and help to inform policy to eradicate harassment from workplaces to keep workers safe.

"This Government is ensuring that those who speak up against sexual harassment will have their voices heard and their reports will not go unnoticed."

The #metoo and #timesup movements have stirred a global conversation about sexual harassment and abuse, following public allegations against Hollywood producer Harvey Weinstein.

Equal Employment Opportunities Commissioner Jackie Blue was pleased MBIE will be collecting the data.

Currently, people can lodge a complaint about workplace sexual harassment with MBIE or the Human Rights Commission, which look to mediation as a first step.

Legal action can be taken in either the Employment Relations Authority or the Human Rights Review Tribunal, if mediation fails.

In the past three and a half years the Human Rights Commission has received 215 complaints of sexual harassment — 84 per cent from women.

​Blue said she believed the true numbers are higher, as often harassment is under-reported.

The move was also welcomed by Employment lawyer Barbara Buckett, who said it was harder to prove harassment under the Employment Relations Act, because the onus of proof was on the victim.

This was not the case under the Human Rights Act, under which the employer has to prove that they actively tried to prevent the harassment.

"In New Zealand we still have that mentality and cultural ethos when it's difficult for one person to stand up, especially when they are in a culture that sponsors that behaviour," Buckett told Fairfax.

The #metoo social media movement began in October last year, following public allegations of sexual misconduct against Hollywood producer Harvey Weinstein. The scandal soon erupted, with many prominent actors sharing their stories of harassment, including Gwyneth Paltrow, Ashley Judd and Rose McGowan.

More recently, women wore black dresses at the Golden Globe awards last month, in solidarity against sexual harassment.