Most personal grievances must be raised within 90 days of the issue arising or coming to the employee's attention, whichever is later.
PERSONAL GRIEVANCE
A personal grievance is the legal route. The facts are what give it force.
A useful grievance identifies the employer action being challenged, why it was unjustified or unlawful, when it happened and what outcome is sought.
UNDERSTAND THE PROBLEM
A personal grievance is a legal claim, not a particular form.
The important step is making the employer aware of the grievance and the basis for it within the legal time limit. You do not need to wait for mediation, a lawyer's letter or a completed investigation before preserving the grievance.
A useful grievance identifies the employer action, why it is said to be unjustified or unlawful, and the outcome being sought. It should be clear enough that the employer understands the complaint it is being asked to address.
WHAT MATTERS
Key points about personal grievances
Sexual-harassment personal grievances have a 12-month raising period for conduct within the statutory regime.
A grievance can cover unjustified dismissal, unjustified disadvantage and other recognised grounds such as discrimination or harassment.
Raising the grievance preserves the claim; negotiation, mediation and ERA proceedings are later stages and have their own procedural requirements.
THREE QUESTIONS FIRST
Get these straight before the argument gets bigger.
What exact event or decision are you grieving?
When did it happen or come to your attention?
What evidence and remedy connect to that event?
WHAT TO DO NOW
How to preserve the position
Identify each grievance
Separate dismissal, disadvantage, discrimination, harassment, wage or other issues rather than using one vague complaint.
Record the date
Work out when each issue happened or came to your attention so the deadline is visible.
Raise it clearly
Tell the employer that a personal grievance is being raised and state the factual and legal basis sufficiently clearly.
Keep proof
Retain the email, letter or other evidence showing when and how the grievance was raised.
WARNING SIGNS
Things worth looking at closely.
- The grievance is buried in a long emotional email
- The employer action is not clearly identified
- The 90-day date is approaching
- An internal complaint is assumed to have automatically preserved every legal claim
COMMON MISTAKES
Ways employees accidentally make the problem harder.
DON'T
Assuming an internal complaint automatically raises every legal grievance you may later want to pursue.
DON'T
Waiting for the employer's investigation or appeal process to finish before thinking about the statutory deadline.
DON'T
Using broad labels without identifying the employer action complained about.
DON'T
Treating mediation as the event that raises the grievance; it is usually a later resolution process.
POSSIBLE OUTCOMES
What a useful result can look like.
Negotiated correction or settlement
Lost remuneration and compensation where available
Reinstatement or restoration of employment conditions
Mediation, ERA or Court proceedings where resolution is not achieved
FAQ
Personal grievance
What is a personal grievance?
It is a statutory employment claim available for recognised grounds such as unjustified dismissal, unjustified disadvantage, discrimination and harassment.
What is the normal deadline?
Most personal grievances must be raised within 90 days. Sexual harassment grievances generally have a 12-month period.
Do I need a long legal letter?
No. The employer needs to understand the grievance and its nature. Precision is more useful than volume.
Can a grievance settle without going to the ERA?
Yes. Many disputes resolve through direct negotiation or MBIE mediation.
FROM PROBLEM TO OUTCOME
Most disputes move through the same basic sequence.
- 1Preserve
Documents, dates, evidence and the deadline.
- 2Raise
Put the actual grievance or response clearly.
- 3Resolve
Negotiate or mediate where a sensible resolution is available.
- 4Escalate
Use the ERA or Court where the dispute cannot be resolved.
PERSONAL GRIEVANCE
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