You may find yourself doing tasks begrudgingly, or constantly disagreeing with your employer’s opinions. However, when situations escalate in severity, resulting in unfair treatment, unjustified dismissal, discrimination, or harassment, you may have the right to file a personal grievance against your employer.
In this article, we’ll provide a step-by-step guide on how to file a personal grievance, including legal considerations, timeframes, and best practices to ensure a fair and just resolution.
What is a Personal Grievance?
A personal grievance is a formal complaint an employee can raise against their employer if they believe they have been treated unfairly or unlawfully. These need to be filed within 90 days of the incident occurring – or 12 months if it’s regarding sexual harassment.
Under the Employment Relations Act 2000, personal grievances can be filed for various reasons, including:
Unjustified Dismissal: If you were fired without a valid reason, or without a proper process.
Unjustified Disadvantage: If your employer’s actions have negatively affected your employment conditions.
Discrimination: If you have been treated unfairly based on gender, race, disability, age, religion, or another protected characteristic.
Sexual Harassment: If you have been subjected to unwelcome sexual advances, or behavior that makes you feel unsafe at work.
Bullying and Harassment: If you have been subjected to repeated unwelcome and unreasonable behavior that creates a hostile work environment.
Duress Over Union Membership: If your employer pressures or penalises you for joining, or not joining a union.
Step 1: Identify the Issue and Gather Evidence
Before lodging a personal grievance, it is crucial to identify the specific issue, and gather supporting evidence. This includes:
Emails, text messages, or written communications related to the issue.
Witness statements from colleagues or others who can confirm your claims.
Performance reviews or records showing changes in treatment over time.
Any previous complaints made, and the responses you received.
Having solid evidence strengthens your case and increases the likelihood of a fair outcome.
Step 2: Raise the Issue with Your Employer
Existing employment laws encourage employees and employers to resolve disputes internally before taking legal action. The first step is to raise your concerns with your employer, preferably in writing.
Your written complaint should:
Clearly outline the issue and provide relevant details.
Reference any workplace policies or employment laws that have been breached.
Propose a resolution or suggest ways the issue could be addressed.
Employers are required to respond in good faith, and attempt to resolve the matter through discussion or mediation.
Step 3: Check the Timeframe for Filing a Grievance
You must file a personal grievance within 90 days (12 months for sexual harassment) of the event occurring (or from when you became aware of it). If you miss this deadline, you can still apply for an extension, but it is granted only in exceptional circumstances.
Step 4: Seek Advice or Representation
While you are not required to have representation to file a personal grievance, seeking advice from an employment relations specialist can help you understand your rights, ensure you follow the correct procedures, and represent you in any proceedings.
Step 5: Submit a Formal Personal Grievance Letter
If your issue is not resolved through internal discussions, the next step is to submit a formal Personal Grievance Letter to your employer. This letter should be concise, professional, and include the following:
Your details (name, job title, department)
Your employer’s details (manager/supervisor’s name, company name)
Date of the grievance
A detailed description of the issue (including dates, events, and any relevant evidence)
How the issue has affected you (emotionally, financially, or professionally)
What outcome you seek (such as reinstatement, compensation, or an apology)
Keep a copy of the letter for your records.
Step 6: Engage in Mediation
If your employer acknowledges the grievance but a resolution is not reached, you can request free mediation through Employment New Zealand. Mediation is a confidential and voluntary process where an impartial mediator helps both parties negotiate a resolution. It is often a faster and less stressful alternative to legal proceedings.
Step 7: Escalate to the Employment Relations Authority (ERA)
If mediation is unsuccessful, you can escalate the grievance to the Employment Relations Authority (ERA). The ERA is an independent body that investigates employment disputes and makes legally binding decisions. The ERA may hold a formal hearing where both sides present their case before making a determination.
Step 8: Appeal to the Employment Court (If Necessary)
If you are unsatisfied with the ERA’s decision, you have the right to appeal to the Employment Court. This is a more formal legal process that involves presenting your case before a judge. While this step can be time-consuming and costly, it may be necessary for complex, or high-value claims.
Potential Outcomes of a Personal Grievance
The possible outcomes of a personal grievance case depend on the circumstances and the decision made during mediation or by the ERA. Some common resolutions include:
Reinstatement: If you were unfairly dismissed, you may be reinstated to your former position.
Compensation: You may be awarded financial compensation for lost wages, emotional distress, or legal costs.
Apology or Written Confirmation of Policy Changes: In some cases, an employer may be required to apologise, or implement new workplace policies.
Training and Workplace Adjustments: If the grievance was based on discrimination or harassment, the employer may be ordered to provide training, or make adjustments to prevent future issues.
Final Thoughts
Filing a personal grievance is a structured process designed to protect you from unfair treatment.
By raising concerns with your employer, gathering evidence, seeking legal advice, and engaging in mediation, you can ensure your case will be handled fairly, and professionally. It is crucial to act within the correct timeframe (90 days or 12 months for sexual harassment), and explore all available options to resolve the issue effectively.
Mahi Law can Help!
Our expert team will help you understand your employment rights, and pursue resolution (including compensation) through various channels, such as: Without prejudice negotiations, mediation, the Employment Relations Authority, or Employment Court if required.
We also work on a no-win, no-fee basis – if we win your case, your employer covers the costs.
Get in touch for a free consultation! You can fill out this form – or contact us at [email protected], or 0800 450 032.
Follow us for more tips and insights → Instagram | LinkedIn | Facebook | TikTok
