10 Common Mistakes Employees Make When Lodging A Personal Grievance
- Anne-Marie Dolan
- 6 days ago
- 4 min read
Generally speaking, employees will only raise a personal grievance (PG) once or twice in their working lives. It is a process which can bring with it a lot of stress, uncertainty, or even fear about how your employer will react. In New Zealand, the law gives employees clear rights under the Employment Relations Act 2000, but those rights are only effective if you use them properly.
These are some of the common mistakes that employees make when filing a personal grievance and how to avoid them.
1. Waiting Too Long to Raise the Grievance
One of the most common and damaging mistakes is delay. Under New Zealand law, you generally have 90 days from the date of the issue (or when you became aware of it) to raise a personal grievance. Grievances relating to sexual harassment have 12 months. Miss that window, and your claim could be shut down before it even starts.
If you believe there is an issue, raise concerns early, even if you don’t have all the details. You can always add more information later. If you’re unsure whether the 90-day clock has started, or if you're close to the deadline, speak to an advocate immediately.
2. Not Clearly Stating It’s a Personal Grievance.
Employees often send emails expressing concerns, but never explicitly say they are raising a personal grievance. This matters. A complaint about workload is not the same as a grievance for unjustified disadvantage.
If you are raising a PG, use clear wording such as 'I am raising a personal grievance for unjustified dismissal/disadvantage.' This triggers your employer’s obligation to respond appropriately.
3. Being Too Emotional in Written Communication
It’s understandable to feel angry or upset when there is an employment dispute, but emotional or aggressive messages can backfire. Employers may focus on your tone instead of your issue. Worse, it could damage your credibility.
When filing a PG, stick to the facts - what happened, when it happened and why it was unfair. Keep your communications calm and structured. If you’re struggling to write your grievance without venting, an advocate can help draft it professionally.
4. Not Keeping Records
A grievance without evidence can be hard to prove. Too many employees rely on memory instead of keeping emails, text messages, meeting notes (or a recording), and/or timelines of events.
If you have an issue at work, start a simple document listing key events with dates and details. This will also be helpful information for your representative should you seek legal advice moving forward.
5. Failing to Follow Internal Processes
Many workplaces have grievance or complaint procedures. Ignoring these can weaken your position. While you’re not legally required to follow every internal step, failing to engage reasonably with your employer before filing a PG, can reflect poorly if the matter reaches the Employment Relations Authority.
Check your employment agreement or policies for the correct internal process beforfe moving to a PG.
6. Raising the Wrong Type of Grievance
Not all workplace issues qualify as a personal grievance. Common valid types include:
Unjustified dismissal
Unjustified disadvantage
Discrimination
Harassment
Sometimes employees raise general dissatisfaction rather than a legally recognised grievance.
Link your situation to a recognised legal category and, if you’re unsure whether your issue qualifies, an advocate can quickly assess this.
7. Asking for Unrealistic Outcomes
It’s common to demand large payouts or unrealistic remedies early on. This can make resolution harder and reduce your credibility. When considering what outcome you are seeking, focus on reasonable remedies, such as reinstatement, compensation for lost wages, and/or compensation for stress (humiliation, loss of dignity). If in doubt, seek advice from an advocate who can give you a realistic picture of achievable outcomes.
8. Not Engaging in Good Faith
New Zealand employment law is built on good faith. This means both parties must be honest, open, and constructive. Refusing to attend meetings or engage meaningfully can hurt your case.
Wherever appropriate, engage with your employer. Participate in discussions, even if you disagree with your employer.
9. Going It Alone When It Gets Complex
Some grievances start simple but become complicated, especially if there’s a disciplinary process, you have been dismissed, or there are legal arguments involved. Trying to handle everything yourself at this stage can be risky.
You should seriously consider speaking with an advocate if:
You’re invited to a formal disciplinary meeting,
Your job is at risk,
You’re negotiating a settlement, or
The matter is heading to mediation or the Authority.
An experienced advocate understands strategy, not just the law.
10. Settling Too Quickly (or Not at All)
Some employees accept the first offer just to get it over with. Others refuse to settle at all out of principle. Both approaches can lead to poor outcomes. Take time to assess the strength of your case, the risks of continuing, and what a fair outcome looks like. If you are unsure what the best course of action is, seek help from an advocate.
Raising a personal grievance is not just about being right, it’s about presenting your case clearly, acting reasonably, and following the right process. Avoiding these common mistakes will put you in a much stronger position. If you’re unsure at any stage, getting advice early can save you time, stress, and potentially a lot of money.
If you are considering filing a PG, or you’ve started the process and need help, get in touch today for a free consultation. MathewsWalker.co.nz | 0800 612 355
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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