Personal Grievances

A personal grievance is one of the main ways for employees to take a legal claim against their employer if they've been dealt with illegally or unfairly.

You can use the personal grievance process if your employer has dismissed you unfairly or done something else you think is unjustified, such as suspending you, giving you a written warning, or demoting you.

A personal grievance is also available on certain other grounds, like discrimination and sexual harassment.

You must raise the personal grievance with your employer within 90 days after the action that led to the personal grievance, or within 90 days after you became aware of the action, whichever is later.

If you've raised a personal grievance with your employer and you’re not satisfied with their response, a free mediation service is available to help resolve the problem. If mediation doesn’t work, you can take a case to the Employment Relations Authority

On what grounds can I bring a Personal Grievance?

The personal grievance process is available only for a specific set of grounds:

• unjustified dismissal

• unjustified disadvantage

• discrimination

• sexual harassment

• racial harassment

• “duress” – that is, pressure from the employer about union membership or union activity

• a breach of your rights around agreed hours, availability clauses, cancellation of shifts, or restrictions on other (“secondary”) employment retaliation against you because of a health and safety dispute.