Personal Grievance FAQ
What is a personal grievance?
A personal grievance is a formal complaint made by an employee against an employer. It can be about any aspect of your employment relationship, such as unfair treatment, harassment, discrimination, or unjustified dismissal.
What happens when your raise a personal grievance?
When a personal grievance is raised, your employer should investigate the matter and respond in writing. If the matter cannot be resolved through mediation or other means, then you may be able to take the matter to the Employment Relations Authority for resolution.
How much can you get for personal grievance?
The amount of compensation that can be awarded for a personal grievance varies depending on the circumstances. It may include compensation for lost wages, damages for emotional harm, and other costs associated with the grievance.
Is it worth putting in a personal grievance?
If you feel that you have been treated unfairly, a grievance may be the appropriate course of action. However, it may be a good idea to try to resolve this with your employer first if possible in order to repair the employment relationship.
Is a personal grievance confidential?
A grievance is generally treated as a confidential matter, and the details of the complaint should not be shared with anyone who is not directly involved in the process. However, there may be exceptions where it is necessary to share certain information, like in the ERA.
Can a grievance be ignored by my employer?
Technically, your employer can choose to ignore a grievance. However, this does not mean it won't be resolved. The ERA can still determine your case even if your employer chooses to ignore it.
Can I raise a grievance if I haven't been fired?
Yes. For example, you might have been bullied or treated differently to your coworkers. You might even have felt forced to resign. Another example could be if your pay or hours of work has been changed without your agreement.
What are the outcomes of a personal grievance?
Hopefully, that your employment issue is resolved! Generally there are four main categories for remedies considered if your employment has ended: Compensation for hurt and humiliation, compensation for lost wages, reinstatement, and contribution to your legal costs.
What evidence do I need to raise a grievance?
The evidence needed for a grievance will depend on the nature of the complaint. It may include witness statements, emails, correspondence, payslips and other documentation that supports the your case.
Can I lose my job for raising a personal grievance?
It would be unreasonable and unlawful for an employer to terminate an employee's employment or treat them unfairly just because they have raised a genuine personal grievance.
What is the most common type of grievance filed?
The most common type of grievance filed is one related to disciplinary action taken. This may include disputes over the fairness of the disciplinary process, the severity of the penalty imposed, or the evidence used to support the disciplinary action.
Does it cost to raise a personal grievance? Or if I lose?
We normally work on a no win no fee basis when we are raising a grievance and seeking compensation for you. Because of this, we wouldn't take on a case that we didn't believe you could win.
Disciplinary FAQs
What is a disciplinary process?
A disciplinary process is a formal procedure that employers use to address employee misconduct or performance issues. The purpose of the disciplinary process is to help employees understand what is expected of them, to identify and address any issues, and to provide a fair and consistent approach to dealing with misconduct.
What happens in a disciplinary meeting?
You will be presented with allegations of misconduct or poor performance and given the opportunity to respond. The employer may ask you extra questions and may need to investigate furhtwer depending on your response.
Can I be fired in my first disciplinary? I haven't had any warnings!
Depending on the severity of the alleged misconduct or poor performance, maybe. An employer would still have to follow a reasonable process.
What does an employment advocate do in a disciplinary meeting?
They will represent you and aim to secure the outcome you want, which you will have discussed beforehand. They will also ensure that the outcome is fair and reasonable, and that your employer follows the right process.
Does my employer have to listen to me and believe what I say?
Your employer has to listen to your response to the allegations and investigate further if required. They then need to consider what the most likely situation was before making any decision at all on your outcome.
What are the steps in the disciplinary process?
The disciplinary process typically involves tthese main steps:
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investigation into the allegation;
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disciplinary meeting where you can put your side across;
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the employer considers your response; and
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notification of the outcome.
Do I have to attend a disciplinary meeting?
If you can't attend the proposed date, then you can aske to reschedule. Generally, it is considered reasonable to reschedule if there is a genuine reason, but employers don't have to postpone this indefinitely. If you don't attend disciplinary meetings, then your employer may make the decision without hearing your side.
How many warnings before dismissal?
There is no set number of warnings before dismissal, as this will depend on the nature and severity of the alleged misconduct. If the misconduct is considered relatively minor, an employee may get a verbal warning, a first written warning or a final written.
Does my employer have to keep a disciplinary process confidential?
Yes. They should not discuss this outside of those who are involved in the process.
My boss suspended me before the disciplinary. Is that fair?
Generally a suspension should only be used in extreme cases, ie, if there is a risk to you, someone else or the business if you continue to attend work. In most cases, the employer should consult you before they suspend you and pay you.
90 Day Trial FAQs
What is a 90 Day Trial?
A 90 day trial is a period during which you can be hired on a trial basis and can be dismissed without a reason. The trial period is usually used to assess an employee's performance and suitability for the job. If the employer is satisfied with the employee's performance, they can continue their employment beyond the trial period.
How is this different to a probation period?
Any employer can use a probation period, provided that they put it in your contract and you agree to it before you start. It can be for any length of time (so long as its agreed) but requires a robust process, including that the employer gives you regular feedback.
Do I get paid minimum wage on my 90 day trial?
Yes, absolutely! All hours of work must be paid at at least minimum wage. Unpaid trials are rare, and can only be for a very short period of time to assess skills, for instance an hour in a kitchen to ensure that you can cook to the standard you have said.
I have worked there for less than 90 days, but did a shift before my contract?
If you started working there before you got your contract, then the 90 day trial is normally invalid. This means it may be unlawful for your employer to use this to dismiss you.
What are the rules of a 90 Day Trial?
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Your employer has 19 or less staff;
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You agreed to the 90 day trial in your contract
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You've never worked there before;
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Termination happens within 90 days of your start; and
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They give you the correct notice if they terminate
I'm on a 90 Day Trial, does this mean I have a permanent job?
Yes, unless your employer decides during the first 90 days to end your employment (if this term is agreed in your contract). All your employment terms in your contract apply from the moment you start.
What notice needs to be given to within the first 90 days?
Generally this is in your contract. If there is no specific notice in the clause about the 90 day trial, then it would be the amount of notice for any general termination.
I have been dismissed under the 90 Day Trial, but I haven't worked 90 days
The 90 Day Trial is 90 calendar days form the start of your employment, but your employer does not have to wait until you have worked a certain amount of time before terminating you.
Workplace Bullying FAQs
What is a 90 Day Trial?
A 90 day trial is a period during which you can be hired on a trial basis and can be dismissed without a reason. The trial period is usually used to assess an employee's performance and suitability for the job. If the employer is satisfied with the employee's performance, they can continue their employment beyond the trial period.
How is this different to a probation period?
Any employer can use a probation period, provided that they put it in your contract and you agree to it before you start. It can be for any length of time (so long as its agreed) but requires a robust process, including that the employer gives you regular feedback.
Do I get paid minimum wage on my 90 day trial?
Yes, absolutely! All hours of work must be paid at at least minimum wage. Unpaid trials are rare, and can only be for a very short period of time to assess skills, for instance an hour in a kitchen to ensure that you can cook to the standard you have said.
I have worked there for less than 90 days, but did a shift before my contract?
If you started working there before you got your contract, then the 90 day trial is normally invalid. This means it may be unlawful for your employer to use this to dismiss you.
What are the rules of a 90 Day Trial?
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Your employer has 19 or less staff;
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You agreed to the 90 day trial in your contract
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You've never worked there before;
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Termination happens within 90 days of your start; and
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They give you the correct notice if they terminate
I'm on a 90 Day Trial, does this mean I have a permanent job?
Yes, unless your employer decides during the first 90 days to end your employment (if this term is agreed in your contract). All your employment terms in your contract apply from the moment you start.
What notice needs to be given to within the first 90 days?
Generally this is in your contract. If there is no specific notice in the clause about the 90 day trial, then it would be the amount of notice for any general termination.
I have been dismissed under the 90 Day Trial, but I haven't worked 90 days
The 90 Day Trial is 90 calendar days form the start of your employment, but your employer does not have to wait until you have worked a certain amount of time before terminating you.
Dismissal FAQs
What is meant by unfair dismissal?
Unfair dismissal refers to a situation where an employee is terminated from their job without a valid reason or without following proper procedures.
What are examples of unfair dismissal?
Examples of unfair dismissal include terminating an employee for taking parental leave, discriminating against an employee based on their race or religion, or firing an employee for whistleblowing.
How many people win unfair dismissal cases?
As most cases resolve confidentially, it's hard to say. However we're confident in the success of any case we take on.
What is the most common remedy for unfair dismissal?
The most common remedy for unfair dismissal in New Zealand is compensation for the hurt and humiliation and for lost wages. Some employees also seek reinstatement.
What does constructive dismissal mean?
This refers to a situation where an employee feels they have no option but to resign due to the behaviour or even inaction of an employer. Basically, the employee feels that the employment relationship is untenable.
Can you sue for wrongful termination in NZ?
You can raise a grievance and seek compensation for unfair dismissal, although it is recommended to first seek advice from a lawyer or employment advocate.
How do you prove unfair dismissal?
To prove unfair dismissal, an employee must show that their termination was unjustified or unreasonable, and that the employer did not follow proper procedures or provide a valid reason for the termination.
Can you get sacked without a warning?
In some cases, an employer may be able to terminate an employee without them having received a prior formal warning, but only if the employee has committed serious misconduct. There'd still need to be a robust process.
What is unjustified dismissal in NZ?
This refers to a situation where an employee has been terminated from their job unfairly, without following proper procedures, without a valid reason for the dismissal or without providing the employee with the opportunity to respond to allegations of misconduct.
What should I do if I'm being constructively dismissed?
If possible, do not resign before seeking advice and if possible raise it with your employer. Sometimes this isn't possible due to the stressful circumstances, so even if you have resigned you should still seek advice to see if you have a case.
Redundancy FAQs
How much is redundancy pay in NZ?
The minimum amount of redundancy pay an employee is entitled to is their notice period unless there is a greater amount agreed in their contract. Employers may choose to offer more than this, but it is not mandatory.
How quickly can you be made redundant?
The amount of time it takes for an employee to be made redundant can vary depending on the employer and the circumstances. Employers must follow a fair and transparent process when making an employee redundant, which should take at the very least a week.
Who is entitled to redundancy?
Only genuine casual employees are generally not entitled to redundancy notice, as they have no expectation of ongoing work.
What does redundancy mean in the workplace?
Redundancy in the workplace occurs when an employer no longer needs an employee's job to be done, often due to restructuring, technology, or a decrease in business. Employers must follow a fair and transparent process when making an employee redundant.
What is the maximum redundancy you can get?
There is no maximum. Any additional compensation is normally specified in the employment agreement and could be based on a formula that takes into account the employee's age, length of service, and weekly pay.
Can I sue my employer for redundancy?
Employees in New Zealand can raise a personal grievance claim and seek compensation if they believe that they have been unfairly made redundant, including where the employer did not follow the correct procedures.
Holiday Pay and Public Holiday FAQs
How much is holiday pay in NZ?
In New Zealand, holiday pay is usually calculated at a rate of 8% of an employee's gross earnings. This is paid out when an employee takes annual leave, or at the end of their employment.
Do temps and casual employees get paid for public holidays?
Yes, temps and casual employees are entitled to public holiday pay if they work on a public holiday. Whether they are entitled to a day in lieu depends on their pattern of work.
How is public holiday pay calculated?
Employees who work receive at least time and a half for the hours worked, plus a day in lieu if it is an otherwise working day. If the public holiday falls on a day that the employee would normally work, but they don't work, they are still entitled to a paid day off.
Is holiday pay compulsory in NZ?
Yes, holiday pay is compulsory in New Zealand for all employees, regardless of their employment status or the length of their employment. Any accrued holiday pay is paid out when an employee takes annual leave or at the end of their employment.
Wage Deductions FAQs
Can an employer deduct wages without my consent?
Only for deductions required by law (e.g. taxes). If an employer makes an unauthorized deduction, the employee can raise a personal grievance claim and seek remedies such as reimbursement of the deducted amount.
What about deductions for overpayments?
Deductions can be made to recover overpayments or repayments of loans or advances made by the employer. However, employers must follow strict rules for making these deductions, and cannot do it without communicating with the employee.
Can an employer deduct wages for mistakes in NZ?
Generally, employers cannot deduct wages for mistakes made by employees in New Zealand. However, employers can require employees to pay for losses or damages caused by intentional or careless acts, as long as this is agreed to in writing beforehand.
What are unlawful deductions from wages?
Unlawful deductions are deductions that are not authorised by law or agreed to in writing by the employee. This might include breakages or cash shortages in the till, or for uniforms or tools that are required for the job but not provided by the employer
Employment Agreement FAQs
I don't have an employment agreement, what does this mean?
You are still covered by the minimum standards in the Employment Relations Act, so you are still entitled to at least minimum wage, holiday pay, sick pay etc. The onus is on your employer to make sure you have an employment agreement.
What are the two employment agreement types?
The two types of employment agreements in New Zealand are individual employment agreements (IEAs) and collective employment agreements (CEAs). CEAs are generally negotiated by a union on your behalf.
What is a red flag in an employment contract?
A red flag in an employment contract could be a clause or term that is unclear, ambiguous, or unfairly restricts an employee's rights or freedoms. Anything that differs from what your were offered or agreed verbally may also be a red flag.
What are the advantages of having an employment agreement?
An employment agreement can provide clarity and certainty around an employee's terms and conditions of employment, including hours of work, remuneration, and leave entitlements.
Performance Review FAQs
What is the point of a Performance Review?
Performance reviews involve assessing an employee's performance against previously agreed-upon goals and expectations. The process should be fair, transparent, and constructive, with both the employee and the manager having the opportunity to provide feedback.
Can you be fired at a performance review?
Performance reviews can only result in termination after a robust performance improvement plan (PIP) and if an employee has not shown improvement despite receiving feedback and support.
Is a PIP a disciplinary process?
A PIP is not a disciplinary action in itself, but it may be a precursor to disciplinary action if the employee's performance does not improve. The aim of a PIP is to help employees improve their performance rather than to punish them for poor performance.
What should a manager say in a performance review?
A manager should provide feedback that is specific, objective, and actionable. They should highlight the employee's strengths and accomplishments, identify areas where improvement is needed, and set achievable goals and expectations for the future.
What is a Performance Improvement Plan (PIP)?
This is a process used to help employees who are not meeting the expected level of job performance. The purpose of a PIP is to clearly outline the areas where improvement is needed and to provide support to help the employee meet the required standard.
How long should an employee be on a PIP?
The length of time an employee is on a PIP may vary depending on the nature of the role and the objectives set out in the plan. However, it should be an achievable timeframe and normally does not last longer than three to six months.