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Anti-Sexual Harassment Requirements (2022 Amendment)

The 2022 amendments to the Employment Act added specific anti-sexual-harassment obligations that apply regardless of business size — including a genuinely easy-to-miss notice requirement.

This is general information, not legal advice. Sexual harassment complaints carry real legal and human risk — always seek advice when handling an actual complaint rather than relying on a summary like this one.

The notice/poster obligation almost nobody has actually done

Employers are generally required to exhibit a notice at the workplace, in a conspicuous place, stating that sexual harassment complaints will be handled and the process for making one. This is a small, concrete, genuinely overlooked compliance step — most small businesses have never displayed one, despite it being a real requirement.

What counts

Sexual harassment covers unwanted conduct of a sexual nature, verbal or physical, that a reasonable person would regard as offensive, humiliating, or a threat to their wellbeing — it isn't limited to physical contact, and can come from a colleague, supervisor, or even a customer or vendor interacting with staff on shift.

Why shift-based businesses are a specific risk area

Late-night shifts, small teams working alone together, and customer-facing roles (especially in hospitality and retail) create more of the specific situations where harassment complaints arise — isolated shifts, power imbalances between shift leads and junior staff, and direct customer contact without a manager present.

Handling a complaint

An employer who receives a complaint is generally expected to inquire into it — this connects directly to the same due-inquiry principles covered in the disciplinary process guide: a documented, fair process, not an informal "let's just move one of them to a different shift" response that never gets recorded.

See the Disciplinary Procedure guide for how a fair inquiry process works in practice.

The practical takeaway

Check whether your workplace actually has the required notice displayed — most don't — and make sure you have an actual process, however small, for someone to raise a complaint and know it will be looked into seriously.

Sources: Employment Act 1955 (Act 265), anti-sexual harassment provisions added by the 2022 amendment

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