What is a Personal Grievance

The personal grievance process is a legal complaint that can be made by an employee if they believe their employer has acted unfairly or unreasonably towards them. This is covered by the Employment Relations Act 2000 in New Zealand. An employee can raise a personal grievance for complaints such as unjustifiable dismissal, unjustifiable action which disadvantages the employee, discrimination, sexual or racial harassment, bullying, or duress over membership of a union or other employee organization.

The first step in the process is to notify the employer in writing within 90 days of the event, stating the personal grievance, what has caused it, what the employer did wrong and in breach of New Zealand employment law, and the remedies being sought. It is recommended to invite the employer to enter into direct negotiations to settle the personal grievance, and inform them of other options such as mediation with the Ministry of Business Innovation and Employment and the Employment Relations Authority (ERA) if they do not want to negotiate directly.

Mediation with the Ministry of Business Innovation and Employment is a free service, with the only cost being the fee for the employee's advocate. About 85% of matters taken to mediation result in a settlement. If the matter does not settle at mediation, the next step is to make an application to the ERA. This is a court-like process where both sides present legal arguments and the ERA investigates the matter by taking evidence from both sides. The approximate cost to the employer for this process is $5,000 to $10,000 depending on the complexity of the situation.

If an employee has a valid personal grievance and has notified their employer in writing within 90 days, they can go through the steps of the personal grievance process, which includes writing to the employer, attempting to negotiate directly or through mediation, and if necessary, making an application to the ERA.