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This guide provides an overview of Personal Grievance claims against an employer: how they are raised, discussed and potentially resolved.
A personal grievance is an employment relationship problem and is defined by the Employment
Relations Act 2000.
A personal grievance is a claim that one of your employees or former employees may have against
you because of a claim that he or she had been:
Unjustifiably dismissed; and/or
Disadvantaged by an unjustifiable action by the employer; and/or
Discriminated against; and/or
Sexually harassed; and/or
Racially harassed; and/or
Subjected to duress; and/or
Affected by the employer not complying with the employer’s duties under Part 6A; and/or
Disadvantaged by an employment agreement not being in accordance with: agreed hours
of work, availability provision, cancellation of shifts, secondary employment provision or
adverse treatment because of an employee’s refusal to perform certain work, or notice
period cancellation of shifts; and/or
Adverse conduct for a prohibited health and safety reason, or a contravention on the
prohibition relating to coercion or inducement under the Health and Safety at Work Act
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