Law changes impact time period for raising personal grievance claims

The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act has just passed its third reading and will come into effect on 13 June 2023.

The new law extends the time a person has available to raise a personal grievance that involves allegations of sexual harassment from 90 days to 12 months. The 90-day period for all other personal grievance claims remains unchanged.

The intent of the changes is to improve the personal grievance process for people who have experienced workplace sexual harassment by allowing them sufficient time to consider what has happened to them before deciding to come forward.

Employers will need to update their policies, and employment agreements entered into after 13 June 2023 to reflect these changes. This also provides the opportunity to refresh and update existing employment agreements to reflect other recent best practice requirements.

The new laws are not retrospective. This means that anyone seeking to rely on this new timeframe will need to show that the sexual harassment has occurred, or has come to their notice, on or after 13 June 2023.

If you would like further information or if you require any assistance with implementing the upcoming legislation, reviewing your policies, or providing training, please contact one of our team.