What to expect and how to prepare a personal grievance
Employment relationships are built on trust and fairness. When that breaks down, it can be difficult to know what to do next. In New Zealand, the personal grievance process provides a legal pathway for employees who believe they have been treated unfairly or unlawfully. Understanding how the process works, what to expect at each stage, and how to prepare will help you approach it with confidence.
What is a personal grievance?
A personal grievance is a formal legal claim you can raise against a current or former employer under the Employment Relations Act 2000. It covers situations where the employer’s actions were unjustified, unreasonable, or discriminatory. In some cases, it can also extend to a third party in a triangular employment arrangement, such as a labour hire situation where another organisation controls your day-to-day work.
Grounds for raising a grievance
The law is clear about when a personal grievance can be raised. Common grounds include:
- Unjustified dismissal: being dismissed without a good reason or without following a fair process.
- Unjustified disadvantage: being treated in a way that negatively affects your job, such as being demoted, suspended without pay, or denied work opportunities.
- Discrimination: being treated differently on prohibited grounds such as sex, race, age, disability, or religion.
- Sexual or racial harassment.
- Union-related duress: pressure about union membership or activity.
- Breaches of employment agreement terms, including agreed hours, shift cancellations, and restrictions on secondary employment.
- Adverse conduct: unfair treatment for raising health and safety concerns, disclosing pay, or making a protected disclosure.
- Restructuring obligations: not being offered redeployment opportunities when roles are restructured.
Each ground has its own legal requirements, so getting advice early from an employment specialist is recommended.
Timeframes to keep in mind
You must raise a personal grievance within 90 days of the incident or the date you became aware of it. For unjustified dismissal, the timeframe usually runs from your last day of employment.
For sexual harassment, you have 12 months to raise the grievance if the incident happened on or after 13 June 2023.
If the deadline is missed, you may still proceed if your employer agrees or if the Employment Relations Authority (ERA) grants an extension due to exceptional circumstances. Acting promptly avoids complications later.
How to raise a personal grievance
A grievance can be raised verbally, but it is best to put it in writing. A written grievance letter or email should:
- Describe what happened.
- Explain why you believe it was unfair.
- Outline what outcome you are seeking.
Keep a copy of your letter or email. Providing clear details helps your employer respond appropriately and preserves your ability to pursue further legal steps if needed.
At this stage, you can expect your employer to investigate and respond. Some grievances are resolved quickly, but others may progress further.
Mediation: the next step
If the grievance is not resolved directly, the next step is usually mediation. Mediation is a free service provided by the Ministry of Business, Innovation and Employment (MBIE).
During mediation, a neutral mediator helps both parties discuss the issues and look for a resolution. Many cases settle here, which saves time and reduces stress. Mediation is less formal than a court hearing but still structured, giving you the chance to have your say and to hear your employer’s response.
It is common to feel a degree of pressure leading into mediation, but many employees find relief in having a safe space to resolve the problem.
Escalation to the Employment Relations Authority
If mediation does not resolve the matter, you can take your grievance to the ERA. The ERA investigates the facts and makes a legally binding decision.
At this stage you can expect:
- A formal process where evidence and submissions are considered.
- The possibility of a public hearing.
- A binding decision that may include reinstatement, reimbursement of wages, or compensation for humiliation and loss of dignity.
The ERA’s role is to look at the merits of the case rather than technicalities. While the process can feel more formal and demanding, it provides a clear and enforceable outcome.
Remedies available
If your grievance is upheld, the ERA may order one or more of the following:
- Reinstatement: being placed back in your job or a comparable role.
- Reimbursement: payment for lost wages or income up to 13 weeks. This requires evidence that the employee has been applying for new employment and has not been successful.
- Compensation: for humiliation, loss of dignity, or injury to feelings.
- Recommendations: changes to workplace practices or disciplinary action against a harasser.
The remedies are designed to restore fairness and address the impact of the employer’s actions.
What to expect emotionally
While the process is legal and structured, it can also be personally challenging. Employees often experience stress, uncertainty, and frustration while waiting for responses or outcomes. At the same time, many feel a sense of relief once their concerns are formally recognised.
Knowing what to expect can make the experience less overwhelming. Having support from an advocate or representative provides reassurance and helps you stay focused on the facts.
Preparing yourself
Preparation is key. Keep records of what happened, including emails and notes. Be clear about your goals and the outcomes you would like to achieve. Most importantly, act within the required timeframes.
Approaching the process with a mix of professionalism and self-care will help you navigate both the practical and emotional aspects.
Getting support
The personal grievance process can be complex and it is easy to feel out of your depth. Professional advice ensures that your grievance is raised correctly, your evidence is well presented, and your rights are protected.
At My Advocate, we specialise in supporting employees through this process. We combine legal knowledge with practical guidance so you are not facing it alone. If you believe you may have grounds for a personal grievance, contact us for a free initial consultation.