In NZ thousands of personal grievances are lodged with the Employment Relations Authority (ERA) each. A personal grievance is a formal complaint that an employee can raise if they believe they have been treated unfairly or unlawfully in their workplace. The personal grievance process is an important mechanism for addressing workplace issues and ensuring fair treatment for employees.
Types of Personal Grievances
The Employment Relations Act 2000 outlines the grounds on which a personal grievance can be raised including:
- If an employee believes they have been unfairly dismissed from their role or feels they have been unfairly treated or disadvantaged in their employment.
- If an employee experiences duress related to union membership or is subject to sexual or other harassment or discrimination.
- If an employer fails to meet obligations during restructuring or if there are unsafe working conditions.
- If an employee is negatively impacted for exercising their rights or if an employee is treated unfairly due to circumstances related to family violence.
Steps to Raise a Personal Grievance
If you believe you have grounds for a personal grievance, it is important to act promptly. The process typically involves the following steps:
- Identify the issue: Clearly understand the nature of the grievance and the specific grounds under which it falls.
- Raise the grievance with your employer: This should ideally be done in writing, outlining the issue and providing sufficient details for your employer to respond. Include relevant dates, events, and any supporting evidence.
- Engage in mediation: If the issue cannot be resolved directly with your employer, mediation through the Ministry of Business, Innovation and Employment (MBIE)
can be sought. Mediation provides a neutral environment to discuss the grievance and work towards a resolution. - Escalate to the ERA: If mediation does not resolve the issue, you may escalate the grievance to the ERA, which will investigate and make a determination
Timeframes
Most personal grievances must be raised within 90 days of the incident. However, for cases of sexual harassment (occurring after 13 June 2023), employees have up to 12 months to raise a grievance.
Other Situations
In situations involving triangular employment (where an employee works for one employer but is placed with another business or organisation) personal grievances can still be raised. Independent contractors cannot directly bring a personal grievance because they are not considered employees under employment law.
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