Raising a personal grievance is part of a legal process.
An employee raising a personal grievance must do so formally, in writing, within 90 days of any incident they are raising in the grievance.
What is a personal grievance?
A personal grievance is when an employee brings a formal complaint against their current or former employer. An employee has 90 days to raise a personal grievance.
To raise a personal grievance after the 90 days there would need to be exceptional circumstances.
What qualifies as a grievance?
Employees can bring a personal grievance for the following complaints:
- Unjustifiable dismissal (unless the dismissal took place while the employee was on a valid 90 day trial period)
- Sexual harassment
- Age discrimination
- Racial harassment
- Constructive Dismissal or Forced Resignation
- Bullying where the employee has raised the issue and not received a response or adequate action
- Restructuring causing redundancy without correct process
- Disadvantage to an employee due to the employment agreement not meeting legal requirements for:
- agreed hours of work
- availability provisions
- reasonable notice periods to be given before cancellation of a shift
- reasonable compensation to be paid if a shift is cancelled
- secondary employment provisions.
- Unfair treatment of an employee who has lawfully refused work
- Where an employer forces or persuades an employee not to perform a function, exercise a power or undertake a role under the Health and Safety at Work Act 2015
- Where an employer compels a shop employee to work on Easter Sunday or treats a shop employee adversely because they refuse to work on Easter Sunday.
How do I raise a personal grievance?
If possible you should first discuss the problem with your employer. Your employer should be aware there is an issue and be given an opportunity to fix it. You should communicate the issue in writing and ask for a response within a set time frame, eg 3 days.
You should clearly describe the issues and the events that have led to the problem. You should provide details and names and dates of who was present when there was a problem. Email the letter to your employer and keep a copy.
If the employer is unwilling or unable to resolve the issue you can request a mediation. It’s helpful to seek legal advice from an employment lawyer or employment advocate at this stage.
If you don’t raise the issue correctly it may not get the necessary outcome. It also will hurt your chances winning any claim at mediation or at the Employment Relations Authority.
If you think you have grounds for raising a personal grievance but you are not sure how, it’s free to discuss it with us. We will see how we can help and advise you of the strength of your case.
*Note: The exception to the 90 days to bring a grievance is unpaid wages and other financial benefits under your contract.
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