Advice

Personal Grievances  

A personal grievance is an action that an employee can take against a current or former employer when they have an employment issue that is unable to be resolved. 

When can an employee raise a personal grievance?

An employee can only raise a personal grievance under a specific set of grounds, when they have experienced unjust treatment from their employer. This could include being unjustifiably dismissed, harassed or discriminated against — expand to see the full list of scenarios:

  • were unjustifiably dismissed 
  • were unjustifiably disadvantaged in their employment 
  • were discriminated against on a prohibited ground 
  • were sexually or racially harassed 
  • were subjected to duress due to membership, or non-membership, of a union or an employees’ organisation 
  • did not have obligations relating to continuity of employment met when they were affected by restructuring 
  • were disadvantaged due to their employment agreement not meeting legal requirements for: 
  • agreed hours of work
  • availability provisions
  • reasonable notice periods to be given before cancellation of a shift 
  • reasonable compensation to be paid if a shift is cancelled 
  • secondary employment provisions 
  • were treated unfairly for lawfully refusing to work in certain circumstances 
  • were treated unfairly because they were believed to be affected by family violence 
  • were subject to adverse conduct for a prohibited health and safety reason, or were asked not to perform a function or role under the Health and Safety at Work Act 2015 
  • had retaliatory action taken against them after making a protected disclosure of information 
  • did not have their employment protected while they participated in Reserve Forces service or training 
  • did not have their employment protected while they attended jury service 
  • were compelled as a shop employee to work on Easter Sunday or treated adversely for refusing to. 

The two most common personal grievances are for unjustified dismissal and disadvantage.

An employee must raise a personal grievance within 90 days of the issue arising or coming to the employee’s attention, whichever is later. In the case of sexual harassment, the personal grievance needs to be raised within 12 months of it happening or the date the employee became aware of it, whichever is later. (The 12-month timeframe changed from 90 days, effective 13 June 2023). 

Receiving a personal grievance 

You will receive a personal grievance in the form of a formal complaint. The communication should clearly state: 

  • the complaint 
  • describe why they believe they have a grievance  
  • request a formal meeting to resolve the issue 

The employee must provide enough detail about the issue for you to respond to the problem they raise. If an employee does not raise the grievance clearly enough or offer enough detail, it may mean that they cannot take legal action. 

Next steps for the employer 

1
Respond and negotiate a resolution

You should first meet with the employee to understand their complaint and negotiate a resolution to the complaint. If a resolution is reached, both parties will need to sign a settlement agreement that must be submitted to the Employment Mediation Services. 

2
Mediation

If a resolution has not been reached via negotiation, the next step is to attend mediation through the Ministry of Business, Innovation and Employment (MBIE). The Employment Mediation Services are free. A mediator will assist in resolving the employment issue. The mediation process is confidential and allows an independent third party to assess the best outcome for both parties.

3
Escalation

If no outcome is reached in mediation or if either party refuses to participate in mediation, then the issue will be escalated to the Employment Relations Authority (ERA) to resolve the issue. Please note that the ERA will refer you to mediation if you have not attended. Therefore, it is in your best interest to attend mediation. 

Need more advice?

If you are unsure on any employment process or have any employment queries, we highly recommend that you reach out to us to avoid costly mistakes. Retail NZ is here to support our members, and can guide you through the process.

Contact our Advice Service on 0800 472 472 (1800 128 086 from Australia) or email [email protected]

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