A personal grievance arises when an employee believes they have been unjustifiably dismissed, disadvantaged, discriminated against, or subject to harassment or bullying. Understanding this process is crucial for protecting your workplace rights.

What Is a Personal Grievance?

Personal grievances commonly include:

  • Unjustified dismissal
  • Disadvantage in employment terms or conditions
  • Discrimination based on characteristics protected by law
  • Harassment or bullying in the workplace

The Grievance Process: Step by Step

1. Raising the Issue Informally

Employees are encouraged to raise concerns informally with their manager or employer to seek a quick and fair resolution. Many disputes can be resolved at this stage through discussion or mediation.

2. Raising a Formal Personal Grievance

If informal efforts fail, an employee can raise a formal personal grievance. This must usually be done within 90 days of the problem occurring to meet statutory timeframes.

3. Negotiation or Mediation

Mediation through the Employment Relations Authority (ERA) or unions is a common next step. A mediator helps both parties reach an agreement without going to a full hearing.

4. Employment Relations Authority Investigation

If mediation does not resolve the grievance, the issue may move to an ERA investigation and determination. This process allows the Authority to hear evidence and decide if the grievance is justified.

5. Employment Court Appeal

If either party is dissatisfied with the ERA’s decision, they can appeal to the Employment Court for a judicial review of the case.

Available Remedies

Remedies for proven grievances may include:

  • Reinstatement or compensation for unjustified dismissal
  • Compensation for lost wages or emotional harm
  • Orders to stop unfair treatment or discrimination

Practical Advice for Employees

  • Act promptly - raise grievances within 90 days of the alleged problem
  • Document everything - keep records of all relevant communications, decisions, and events
  • Seek early advice from union representatives, employment lawyers, or advocacy services
  • Use mediation services available through the Ministry of Business, Innovation and Employment (MBIE) or unions
  • Aim for negotiation - understand that legal processes may be time-consuming but try to resolve matters through negotiation wherever possible

Important Time Limits

Remember: You have only 90 days from the date of the incident to file a personal grievance. This is a strict deadline, so don’t delay in seeking advice if you believe you have grounds for a grievance.

If you’re facing workplace issues that may constitute a personal grievance, don’t wait. Contact Employment Dispute Solutions for expert guidance through the process.