1 in 3 women experience
sexual harassment at work.

Show the employee the Harassment and Assault Spectrum and ask them to identify the behaviour(s) they have experienced. The level identified determines the urgency, pathway, and rights that apply.

• There is no pressure on the employee to categorise their experience precisely
• HR records what is shared without editorialising or minimising
• An employee may identify behaviours across multiple levels — record all of them
• Freezing, going along with something, or staying silent does not mean consent
• Do not ask questions that imply doubt — "are you sure?", "could it have been a misunderstanding?" are not appropriate
• If the employee becomes distressed, pause, offer water, and allow silence — do not rush them

Provide a written summary to the employee on the day or within one working day

The position of the alleged person relative to the employee determines who leads the response and what escalation is required. This step must happen before any conversation with the alleged person.

• Peer / same level — Standard HR process. Line manager and HR lead involved. If the line manager is a witness or connected to the alleged person, escalate
• Senior leader / direct manager — Escalate outside direct reporting line immediately. HR Director leads. The employee's line manager is excluded from the process entirely
• Executive / CEO line — Board Chair notified within 24 hours. CEO excluded from the process entirely. An external independent investigator must be appointed — internal HR cannot investigate upward
• Board member — External legal counsel appointed immediately. Full board notified excluding the alleged member

Before any next steps are discussed or decisions made, the employee must be clearly informed of their rights — in plain language, not legal language. Provide this in writing as well as verbally. The employee does not need to decide anything immediately.

• Right to have a support person present at all meetings — a friend, union rep, or advocate of their choosing
• Right to confidentiality — disclosure will not be shared beyond those who need to know, and never with the alleged person's allies or supporters
• Right not to be disadvantaged in employment as a result of disclosing — this includes being moved, managed out, excluded from meetings, or having their role changed
• Right to choose whether to make a formal complaint, have the matter noted informally, or take time before deciding
• Right to withdraw or pause the process at any time without consequence
• Right to access independent reporting pathways regardless of the internal process
• Right to take paid leave to manage the impact of the disclosure and any investigation
• Zone 4: Must be explicitly told this is a criminal offence and that reporting to NZ Police is their right at any time, independently of anything the organisation does

Where behaviour spans multiple zones, the highest zone always applies. Speed matters — delays communicate that the organisation does not take the disclosure seriously.

• Zone 1 — Documented conversation with alleged person within 5 working days. Clear statement that the behaviour is unacceptable and will not continue. Education referral or formal written warning depending on severity. Monitoring period of at least 3 months established with named HR contact
• Zone 2 — Written complaint formally recorded within 24 hours. Independent investigation commenced within 5 working days. Physical or reporting separation of employee and alleged person arranged immediately if requested or if ongoing contact poses risk. Investigation timeline communicated in writing to the employee
• Zone 3 — Alleged person stood down on full pay same day, no exceptions (mandatory HASWA 2015 duty of care). HR Director and employment legal counsel engaged within 24 hours. Employee offered paid leave and access to an EAP counsellor same day. Investigation led by an external party
• Zone 4 — Alleged person removed from workplace immediately, no exceptions. Employee offered specialist sexual violence support (not standard EAP) same day. Board or Chair notified if executive involved. Employee explicitly informed of right to report to NZ Police. Organisation does not conduct its own investigation until after any Police process is complete

The investigation outcome is not the end of the organisation's obligations. How an organisation behaves after a disclosure is often what determines whether the employee stays, recovers, or leaves — and whether others feel safe to come forward in future.

• Written record of the disclosure and all actions taken maintained in a secure HR file — never in the employee's general personnel file
• HR lead checks in with the employee at minimum fortnightly for 3 months following disclosure — not to report on the investigation, but to ask how they are
• Employee informed of the outcome to the extent permitted by law and privacy obligations — do not leave them guessing
• If the alleged person returns to the workplace, the employee is informed before this happens and a safety plan is in place
• If the disclosure indicates a systemic issue — multiple complaints, a pattern, or a cultural problem — policies and leadership must be reviewed within 30 days
• Employee's employment conditions actively monitored for at least 6 months to ensure no disadvantage has occurred
• Exit interview conducted if the employee leaves within 12 months of a disclosure — and the responses acted on, not filed away

This pathway is a working resource. Legal definitions and obligations should be confirmed with a qualified NZ employment lawyer before adoption as organisational policy. Developed by Ally Naylor, Napier, New Zealand.