Personal Grievances

Managing personal grievances can be a costly, time consuming and stressful exercise with significant risk to your reputation if they are not managed properly. Seeking professional advice early on can help you avoid common pitfalls and mitigate this risk.

A personal grievance is a legal claim that one of your employees or former employees raises against you under the Employment Relations Act 2000 (“the Act”). An employee may raise a personal grievance on one or more of the following grounds:

  • Unjustified dismissal or disadvantage
  • Discrimination
  • Sexual and/or racial harassment
  • Duress in relation to union membership/activity
  • Provisions in relation to hours of work, availability, shift cancellations and secondary employment that are non-compliant with the Act
  • Adverse conduct by an employer in relation to a health and safety dispute.

The personal grievance provisions of the Act allow an employee to challenge any decision or action taken by an employer. It is therefore imperative that you understand and comply with the statutory obligations of good faith and procedural fairness. Get in touch with our Legal or Consulting team for professional advice on how best to manage these situations.

You can access our A-Z guide on personal grievances here.

For expert assistance from our Legal or consulting team please contact us on 0800 300 362 or email adviceline@ema.co.nz.