What Counts as Having “Made a Complaint” in an Employment Dispute?
- Anne-Marie Dolan
- Sep 8
- 6 min read
When things go wrong at work, maybe you're being bullied, unfairly treated, or your hours have changed without agreement, you might think about filing a formal complaint or a personal grievance (PG). What does ‘making a complaint’ mean and when does it count when it comes to addressing an employment issue?
What Does “Made a Complaint” Mean?
At its core, “making a complaint” means letting your employer know you’re unhappy with something and you want it addressed. It doesn’t always have to be formal, but it has to be more than just grumbling.
Examples that can count as a complaint:
A clear email to your manager saying, “I’m concerned about being excluded from meetings. We need to talk about this.”
A face‑to‑face or Zoom conversation with HR along the lines of, “I feel like my hours are being cut unfairly. What can we do?”
Sending a private message through your company’s HR channel: “I’d like help dealing with how I’ve been treated by my team.”
Examples that might not count:
Chatting informally with a coworker over lunch: “I don’t think it’s fair what’s happening.” That’s venting, not a complaint.
A short comment in passing to your boss: “Yeah, I’m not happy with this.” Without clarity, it's too vague to trigger an employer response.
The key is clarity and a request for some sort of resolution whether you specifically ask for a meeting, a review, or a fix. That’s usually enough to say you “made a complaint.”
A Mathews Walker advocate commented that lawyers sometimes try to deny a grievance claiming it was not brought within 90 days of the event. She has been able to substantiate the grievance by showing that the employee emailed or text through concerns informally and they were not resolved or not responded to. This can be sufficient to be considered "raising a grievance". The employee does not always need to use the words "grievance" or "concerns". They can simply state what they are unhappy about and say that they want it to stop or they want to talk to the employer about it.
Raising issues informally can be helpful as it shows you tried to get things sorted. But there are two big caveats: how clearly you stated the issue along with the need for resolution, and whether you kept a record of what you raised, with who and when. After any verbal chat that feels like a complaint, send a follow‑up email summarising what was said, and keep written copies of emails, notes, or text messages and anything that shows you’ve raised the issue clearly and formally.
Does a complaint have to be in writing?
Employers will often say that a complaint needs to be in writing and there can be some debate regarding email versus a verbal discussion. At the end of the day, both methods can count if the message is clear.
Emails are great because they’re timestamped and provide proof of when you complained. You can also take your time and check that your email says exactly what you mean. To be effective your email should:
State what is wrong (“My roster changed without notice.”)
Indicate that you see it as unfair or wrong.
Ask for an explanation, a fix, or some other response.
Verbal complaints can count but just don’t assume everyone remembers clearly. To make them stick be clear i.e. “I want to talk because I feel unfairly treated.” Where possible, follow up with an email i.e. “As I mentioned in our chat today, here’s a summary of my concerns…” This helps to create a record of the complaint.
Why does the timing of the complaint matter?
In New Zealand, you generally must bring a personal grievance claim within 90 days of the act or situation you're unhappy about or from when you became aware of it. If you formally complain it can pause the countdown on your 90 days to file a grievance while your employer has a chance to sort it out.
For example, your roster is changed without notice. You realise and email your manager three weeks later explaining the roster issue, asking for clarity. This counts as a complaint. The clock stops on day 21, giving room for your employer to resolve it. If they do not, you still have roughly 70 days left to file a PG. But if you only casually said to HR, “I’m not happy with my roster,” without clarity, it might not count and the 90 days to file a PG, from when the roster changed, keeps ticking.
What if my employer says it wasn't a complaint?
Sometimes, even when you believe you’ve raised the issue, your employer might later say: “That wasn’t a formal complaint” or “You never followed the right process.” This can be frustrating but here’s what matters legally:
The law doesn’t require you to use magic words like “formal complaint.” What matters is whether you clearly expressed a concern and asked for it to be addressed.
Employers can’t just ignore a clear issue because you didn’t use their form or process. If you sent an email saying, “I feel I’ve been treated unfairly,” that likely counts, even if you didn’t use their HR portal or fill out a complaint form.
The burden might be on you to prove it was a complaint. That’s why it’s so important to keep emails, texts, or meeting notes. You want a record that shows you raised it clearly.
If the only evidence is a casual chat, it becomes your word against theirs which is risky if you're outside the 90‑day window and need to prove you raised things earlier.
A Mathews Walker advocate gave the example of an employer ignoring small common complaints over a significant period of time and then saying it had never been raised. In this case the final complaint was ‘the straw that breaks the camels back’ in a long series of unresolved complaints. She recommends clients keep a diary of when they raise issues and keep a track of when/if they are responded to.
Another advocate points to a common response by the Employment Relations Authority (ERA) to employers who fail to take "raised concerns" seriously and refers to the employer’s responsibility to be ‘responsive and communicative’ within their duty of good faith. The failure of this responsibility can be seen as important by the ERA as the actual issues being raised by the employee.
Practical tips to ensure your complaint is recognised
Always say what’s wrong, why it matters, and what you’d like to happen.
Use written communication where possible. Even if you talk in person, follow up with an email summarising the complaint.
Note the date you raised your concerns.
Keep copies of email threads, notes, meeting minutes as they become your evidence.
Ask HR if there is a formal process as some employers have “complaints forms” or other tools. Use them as they’re designed to record and respond to issues properly.
Don’t rely on vague informality. Venting to a colleague or saying “I’m not happy” in passing doesn’t establish a formal complaint.
Seek advice early. Talk to an employment advocate about your concerns and get advice on the best way to make a complaint for a positive outcome.
Under New Zealand employment law, what can be considered a complaint includes anything in which you clearly state the problem, why it matters, and ask your employer to act whether by email, verbal chat with HR, or using formal company channels. The trick is to make it clear, recorded, and timely. Doing that within 90 days means you still hold the right to raise a personal grievance later. If you are dealing with a workplace issue and wondering about the best way to raise it with your employer, get in touch with an advocate 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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