A grievance is when an employee feels unhappy and aggrieved at something the employer has done, or not done.  Commonly, a grievance arises in relation to a dismissal, but there are many other types of personal grievances that are recognised by law in New Zealand.

In accordance with section 103 of the Employment Relations Act 2000, an employee can raise a personal grievance against their employer or former employer for:

  • Unjustified dismissal (including constructive dismissal)
  • Unjustified disadvantage (when 1 or more conditions of employment have been affected to the employee’s disadvantage by some unjustifiable action by the employer)
  • Discrimination
  • Sexual harassment
  • Adverse treatment due to the employee being, or is suspected or assumed or believed to be, a person affected by domestic violence
  • Racial harassment
  • Duress due to membership or non-membership of a union or employees organisation
  • Failure to comply with Part 6A (continuity of employment if employees’ work affected by restructuring)
  • Disadvantage by the employee’s employment agreement not being in accordance with section 67C, 67D, 67G, or 67H (availability provisions)
  • Failure to comply with section 67F (employee not to be treated adversely because of refusal to perform certain work) or 67G(3) (cancellation of shifts)
  • The employer has, in relation to the employee,—
    • engaged in adverse conduct for a prohibited health and safety reason; or
    • contravened section 92 of the Health and Safety at Work Act 2015 (which prohibits coercion or inducement).

Where do you start with a personal grievance?

All employment agreements should contain a process for resolving disputes, it’s usually found towards the end of the agreement.  This is the first place to look when it comes to an employment dispute as it will outline the specific process the employer and employee have agreed to follow at the onset of the employment relationship.

If you’re an employee and want to talk about raising a personal grievance, or if you’re an employer who has received one, feel free to get in touch with us.  We’ve done this many times before, and can help you through the process.

Contact Us 

Please do not substitute this article for professional advice.