Personal Grievance in New Zealand
Understanding your rights when workplace issues arise
Quick Answer: What is a Personal Grievance?
A personal grievance is a formal complaint against your employer for unfair treatment. You have 90 days from the incident to raise it.
- Common claims: Unjustified dismissal, disadvantage, discrimination
- Time limit: 90 days to raise with employer
- Process: Direct discussion → Mediation → ERA hearing
- Compensation: Lost wages + $5,000-25,000 for hurt and humiliation
⚠️ Important: 90-Day Time Limit
You must raise your personal grievance with your employer within 90 days of the action you're complaining about. Missing this deadline usually means you cannot pursue the claim. Act quickly and seek legal advice early.
Types of Personal Grievance
Unjustified Dismissal
You were fired without good reason or fair process
Examples:
- • No valid reason given for dismissal
- • Not given chance to respond to allegations
- • Employer didn't follow their own procedures
- • Disproportionate response to misconduct
Unjustified Disadvantage
Your employer took action that disadvantaged you unfairly
Examples:
- • Demotion without valid reason
- • Significant change to duties or hours
- • Harassment or bullying
- • Being passed over for promotion unfairly
Discrimination
Treated differently because of a protected characteristic
Examples:
- • Age, gender, or race discrimination
- • Religious or political belief
- • Disability or health condition
- • Family status or sexual orientation
Sexual Harassment
Unwelcome sexual behavior in the workplace
Examples:
- • Unwanted physical contact
- • Sexual comments or jokes
- • Requests for sexual favors
- • Displaying offensive material
Personal Grievance Process Timeline
Raise Issue (Day 1-30)
Notify your employer of the grievance
Must be raised within 90 days of the action complained of
Direct Resolution (30-60 days)
Try to resolve directly with employer
Good faith discussions, often with HR or management
Mediation (60-90 days)
Free mediation through MBIE
Confidential, non-binding unless agreement reached
ERA Investigation (90+ days)
Formal hearing if mediation fails
Evidence presented, legally binding decision
What is "Fair Process"?
Employers must follow fair process before dismissing or disciplining you. This means:
If your employer didn't follow fair process, your dismissal or disciplinary action may be unjustified even if there was a valid reason for it.
What Compensation Can You Get?
Reinstatement
Get your job back
Ordered when practical and relationship not too damaged
Lost Wages
Compensation for lost earnings
Up to 3 months wages (can be more in some cases)
Hurt and Humiliation
Compensation for emotional harm
Typically $5,000-25,000 depending on severity
Contribution to Costs
Legal costs reimbursement
Partial contribution if successful
Understanding Personal Grievances
The Justification Test
For a dismissal or action to be "justified", the employer must show:
- There was a genuine reason for the action
- The employer acted as a fair and reasonable employer would
- Proper process was followed
- The action was proportionate to the situation
Mediation vs ERA Hearing
Most personal grievances are resolved at mediation:
- Mediation: Free, confidential, typically resolves in 1 day. About 80% of cases settle here.
- ERA Investigation: Formal hearing with evidence and witnesses. Decision is binding and public. More expensive and stressful.
Do You Need a Lawyer?
You don't need a lawyer, but it's often advisable:
- Lawyers understand the technical requirements
- They can assess the strength of your case
- Help you negotiate better outcomes at mediation
- Essential if going to the ERA
Many employment lawyers offer free initial consultations and some work on a no-win-no-fee basis.
Costs
- Mediation: Free (provided by MBIE)
- Legal representation: $250-500/hour
- ERA hearing: Application fee waived if you apply within 12 months
- Total legal costs can range from $2,000-20,000+ depending on complexity
Have a Workplace Issue?
Get expert employment law advice. Remember: you have 90 days to act.