Personal Grievance Support

A personal grievance is a formal claim you can make against your current or former employer when you believe you have been treated unfairly or unlawfully. Common grounds include unjustifiable dismissal or unjustifiable disadvantage (where an employer’s action has harmed your employment, performance, or job satisfaction). It also covers serious issues such as discrimination, sexual harassment, racial harassment, duress, or retaliation for raising a health and safety concern or making a protected disclosure (whistleblowing).

In most cases, you have a strict 90-day deadline to raise the issue with your employer. This period starts from the date the action occurred or the date you first became aware of it—whichever is later. If you miss this window, your employer must agree to accept a late claim, or you will need to ask the Employment Relations Authority (ERA) for special permission.

Yes. Because these matters can be particularly sensitive, the law allows 12 months to raise a personal grievance for sexual harassment. The 12-month period begins either when the harassment happened or when you first noticed it—whichever comes later.

Make it absolutely clear that you are raising a personal grievance and that you expect them to address it. The safest approach is to put everything in writing, setting out your complaint and the specific reasons. This record is vital—if the grievance is not raised clearly enough, you might lose the right to take the matter further.

Start documenting everything immediately. Write down dates, times, places, what was said or done, any witnesses, and how it affected you. Also check your employment agreement and workplace policies so you know the correct internal procedures to follow. Acting quickly and keeping good records often helps resolve problems before they grow bigger.

Yes. If you are an employee and want to contest your dismissal for any reason, raising a personal grievance under the Employment Relations Act is the only route through the employment institutions. You also have the right to request a written statement of reasons for the dismissal; you can do this up to 60 days after you learned of the dismissal.

Definitely. You are entitled to have a support person, union representative, or lawyer with you at any meetings or formal discussions. This ensures the process is fair and gives you the backing you need.

If the same issue could be dealt with under both the Employment Relations Act and the Human Rights Act 1993, you must choose one path only. You cannot pursue a personal grievance and a Human Rights Commission complaint for exactly the same matter.

If internal talks or procedures do not work, you can use the free mediation services offered by Employment New Zealand. Should mediation fail, you can apply to the Employment Relations Authority (ERA) for a formal decision. The system is designed to encourage information-sharing and mediation rather than jumping straight to rigid court-style processes.

If the ERA or court finds in your favour, possible remedies include:

• Reinstatement to your old job or an equivalent one;

• Reimbursement of lost wages or other money;

• Compensation for humiliation, loss of dignity, and injury to feelings. In harassment cases, the ERA can also order the employer to take action against the person responsible, such as discipline or transfer.