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:
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
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.
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.
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].