A personal grievance is the formal process for resolving employment disputes in New Zealand. If you have been treated unfairly at work, a personal grievance may be the right tool to hold your employer accountable.
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A personal grievance is a complaint made by an employee against their employer under the Employment Relations Act 2000. It is the primary legal mechanism for resolving disputes about how an employee has been treated at work. Personal grievances can be raised for unjustified dismissal, unjustified disadvantage, discrimination, sexual harassment, racial harassment, or duress in relation to union membership.
To raise a personal grievance, you must notify your employer within 90 days of the act or omission that gave rise to the grievance. Once raised, the matter is typically referred to mediation through the Ministry of Business, Innovation and Employment. If mediation does not resolve the matter, it can be referred to the Employment Relations Authority for a formal determination.
The 90 day deadline to raise a personal grievance is one of the most important time limits in employment law. Missing it will almost certainly prevent you from pursuing your claim. Contact us as soon as possible.
Talk to us todayWe provide clear, practical advice and strong representation throughout your case.
We review your situation and give you an honest assessment of your legal options and the strength of your case.
We prepare and submit a formal personal grievance to your employer within the 90 day deadline.
We represent and support you throughout the mediation process to achieve the best possible outcome.
If mediation fails, we represent you before the Employment Relations Authority or Employment Court.
We pursue the remedies available to you including lost wages, compensation for distress, and reinstatement where appropriate.
We keep you informed at every stage and are available to answer your questions throughout the process.
Here is what to expect when you work with us on your case.
We start with a no obligation conversation to understand your situation and advise whether you have a viable case.
We help you identify and compile the evidence needed to support your claim.
We prepare and send a formal grievance letter to your employer clearly setting out the basis of your claim.
Your employer has the opportunity to respond. We review their position and advise on next steps.
A mediator facilitates a confidential discussion between both parties. Most cases settle at this stage.
Whether through settlement or a formal determination, we work to achieve the best possible outcome for you.
There are some situations where a claim may be more difficult to pursue. We encourage you to seek advice before ruling out your options.
You must raise your personal grievance within 90 days of the act or omission. This deadline is strict and missing it will likely end your claim.
If you were engaged as an independent contractor rather than an employee, the employment law protections may not apply in the same way.
The strength of your case may depend on the evidence available. We can advise you on what evidence is needed and how to obtain it.
If your own conduct contributed to the situation, this may reduce the remedies available to you, though it will not necessarily prevent a claim.
Settlement agreements or deeds of release you have previously signed may affect your ability to raise certain claims. We can review any such documents.
Don't rule yourself out before speaking to us. Contact us for a free assessment of your situation and options.
If something has happened at work that feels unfair or unlawful, talk to us. The sooner you seek advice, the more options you will have available to you.