Personal Grievance NZ: Your Rights and How to Raise a Claim

If you believe your employer has treated you unfairly, you may have grounds for a personal grievance under the Employment Relations Act 2000 (ERA 2000). This guide explains the legal process in plain English, including strict time limits, how to give written notice, and what happens at mediation or the Employment Relations Authority (ERA).

What is a Personal Grievance?

A personal grievance is a formal complaint by an employee against their employer. Under s.103 ERA 2000, it covers:

• Unjustified dismissal – you were fired without a fair process or valid reason.
• Unjustified disadvantage – your employment conditions were unfairly affected (e.g., demotion, reduced hours, unfair performance review).
• Discrimination – based on sex, race, age, disability, religion, sexual orientation, or other prohibited grounds (s.105 ERA 2000).
• Sexual or racial harassment – unwelcome behaviour that creates a hostile work environment (ss.108–109 ERA 2000).
• Duress in relation to membership or non-membership of a union (s.103(1)(d) ERA 2000).

Step 1: The 90-Day Time Limit – Act Fast

The most critical rule: you must raise your grievance in writing within 90 days of the action or event that caused it. This is set out in s.114(1) ERA 2000. If you miss this deadline, you cannot proceed unless:

• Your employer agrees in writing to allow a late grievance (s.114(2) ERA 2000).
• You apply to the Employment Relations Authority for leave to raise it out of time (s.114(3) ERA 2000). The Authority will only grant this if exceptional circumstances exist (e.g., serious illness, trauma, or misinformation).

Step 2: Give Written Notice to Your Employer

To raise a personal grievance, you must provide written notice to your employer. The notice must:

• Clearly state that you are raising a personal grievance.
• Identify the specific type of grievance (e.g., unjustified dismissal, disadvantage).
• Briefly describe the facts and why you believe it was unjustified.

There is no official form, but a letter or email is sufficient. Keep a copy for your records. Under s.114(2) ERA 2000, the employer must acknowledge receipt and respond within a reasonable time.

Step 3: Employer’s Obligation to Investigate

Once your employer receives your grievance, they must investigate it fairly. This includes:

• Giving you an opportunity to explain your side.
• Considering all relevant evidence.
• Making a decision and communicating it to you.

If the employer fails to investigate properly, you may have an additional claim for unjustified disadvantage.

Step 4: Mediation – The First Formal Step

If you and your employer cannot resolve the grievance internally, the next step is mediation. Mediation is a voluntary, confidential process facilitated by a Ministry of Business, Innovation and Employment (MBIE) mediator. It is free for employees and employers.

Under s.144 ERA 2000, mediation can cover any employment relationship problem. The mediator helps both parties reach a mutually acceptable agreement. If an agreement is reached, it can be recorded as a binding settlement under s.149 ERA 2000.

Step 5: Employment Relations Authority (ERA)

If mediation fails, you can apply to the Employment Relations Authority for a binding decision. The Authority is a low-cost, less formal tribunal. Under s.157 ERA 2000, the Authority investigates the facts and makes a determination.

The Authority can order remedies such as:

• Reinstatement to your job (s.123(1)(a) ERA 2000).
• Compensation for lost wages or benefits (s.123(1)(b) ERA 2000).
• Compensation for humiliation, loss of dignity, or injury to feelings (s.123(1)(c)(i) ERA 2000).
• Penalties against the employer for breaches of the Act (s.135 ERA 2000).

You must apply to the Authority within 3 years of the grievance being raised (though earlier is better). The Authority’s decision can be appealed to the Employment Court on questions of law.

Common Mistakes to Avoid

• Missing the 90-day deadline – This is the most common reason grievances fail.
• Not putting it in writing – Verbal complaints are not valid under the Act.
• Raising the wrong type of grievance – Be specific (e.g., unjustified dismissal vs. disadvantage).
• Failing to keep evidence – Save emails, notes, and witness details.

For a full list of your rights and obligations, refer to the Employment Relations Act 2000 (available on legislation.govt.nz).

Frequently Asked Questions