What is a personal grievance in New Zealand employment law?
A personal grievance is a formal complaint made by an employee against their employer under the Employment Relations Act 2000. The most common types are unjustified dismissal, unjustified disadvantage, discrimination, sexual harassment, and racial harassment.
How long do I have to raise a personal grievance in New Zealand?
You must raise your personal grievance with your employer within 90 days of the action you are complaining about, or within 90 days of becoming aware of it. Missing this deadline can mean losing your right to pursue the grievance unless exceptional circumstances apply.
How do I raise a personal grievance with my employer?
You must notify your employer in writing that you are raising a personal grievance. State clearly what happened and that you consider it a personal grievance. There is no prescribed form — a letter or email to your employer is sufficient to start the process.
What happens after I raise a personal grievance in New Zealand?
After raising the grievance, your employer should investigate and respond. If the matter is not resolved, either party can apply to the Employment Relations Authority for mediation through the Ministry of Business, Innovation and Employment's Mediation Service, which is free.
What is the Employment Mediation Service in New Zealand?
The Employment Mediation Service is a free government service run by the Ministry of Business, Innovation and Employment. A trained mediator helps both parties reach a resolution without going to the Employment Relations Authority. Mediation is confidential and must be attempted before the ERA will hear most matters.
What can the Employment Relations Authority award me?
The ERA can award reimbursement of lost wages, compensation for humiliation, loss of dignity and injury to feelings, reinstatement to your job, and in serious cases a penalty against the employer. There is no fixed cap on compensation for humiliation and injury to feelings.
Do I need a lawyer to take a personal grievance to the Employment Relations Authority?
No. The ERA is designed to be accessible without legal representation. You can represent yourself at an investigation meeting. The ERA's process is less formal than a court and members are experienced in managing self-represented parties.
What is unjustified dismissal under the Employment Relations Act 2000?
Unjustified dismissal occurs when an employer dismisses an employee without a substantively justified reason or without following a fair process. Even if there is a valid reason, failing to follow a fair and reasonable process can make the dismissal unjustified.
What is unjustified disadvantage and how does it differ from dismissal?
Unjustified disadvantage covers situations where the employee is still employed but has suffered an unjustifiable action — such as a demotion, pay cut, or change of conditions — without justification or fair process. Both can be pursued as a personal grievance.
How does uplaw.ai help with personal grievance claims in New Zealand?
Describe what happened at work in the chat — your role, what your employer did, and when it happened. uplaw.ai will help you identify whether you have a personal grievance, which forms and notices to prepare, and guide you through the New Zealand process step by step.
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Treated unfairly at work? Tell uplaw.ai what happened.
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