What is a Personal Grievance?
A personal grievance is a type of complaint that an employee may bring against a current or former employer.
The Employment Relations Act gives all employees the right to pursue a personal grievance if they have any of the following complaints:
- unjustifiable dismissal
- unjustifiable action which disadvantages the employee
- sexual harassment (by someone in authority or by co-workers)
- racial harassment
- duress over membership of a union or other employee organisation
- employer’s failure to comply with obligations relating to restructuring
- dismissed under 90 day trial WHEN the rules of the 90 day trial are not followed or the notice period of the employment contract are breached. Unless it’s in writing and signed by both employer and employee before the employee starts, the trial period isn’t valid and this leaves the employer open to the employee being able to raise a personal grievance.
An employee has a right to raise a personal grievance case under the Employment Relations Act 2000. This must be done within 90 days of when the grievance occurred or came to his or her attention. However, the employer may consent to a personal grievance being raised after that time. If the employer doesn’t consent the employee may apply to the Employment Relations Authority to be allowed to raise the personal grievance after the 90 day time frame.
Raising a Personal Grievance is an opportunity for an employee to seek compensation for unfair treatment at work, or for being unfairly dismissed.
How we can help
If you are not sure if you have a good case to bring a personal grievance or if you don’t know where to start give us a call :
We will assist you in managing the grievance or complaint by
- Advising you about the law, the processes and the possible outcomes;
- Representing you in discussions with the employer’s lawyer;
- Speaking on your behalf at mediation;
- Preparing your evidence for an investigation by the Authority and the Court;
- Representing you at the Authority and the Court
- Contingency Fees (i.e. No Win- No Fee)
The majority of our cases are undertaken under a contingency or “no win – no fee” basis. In simple terms this means that if we do any work for you and we are not able to achieve a successful result (ie you end up in the same position as you were in at the stage our company became involved in the case) – then there will be no charge for the services we have provided. However if we do any work for you and do achieve a successful result (i.e. you end up in a better position than you were in at the stage our company became involved in the case) – then there will be a charge for the services we have provided.
- Non Contingency Fees (Time and Attendance fees)
We also offer non contingency fee services such as representation at disciplinary or investigation meetings or for situations where a financial outcome is not being sought and our fee for this service is $250 + GST per hour.