Do I Need a Legal Representative to File a Personal Grievance in New Zealand?

Realising you have been unfairly treated by your employer and deciding to do something about it can be stressful. A big question employees in this situation face is 'Can I file a personal grievance by myself or do I need a lawyer?' In New Zealand, lodging a personal grievance properly can be tricky and having legal help can make a big difference to the process and the outcome.

What Is a Personal Grievance?

A personal grievance is a formal claim you can raise when your employer has treated you unfairly. Common reasons include unfair dismissal, discrimination, unfair redundancy, bullying or harassment, or unjustified disciplinary action.  

You need to tell your employer in writing within 90 days from the date the problem happened or ended. If you miss that deadline, you might lose your right to file. That’s why following strict rules from the very start is essential.

The rules around lodging a personal grievance can be tricky. You need to clearly explain your problem and why what your employer has done is unfair, and keep good records and evidence to back it up.  You also need to cite which part of the Employment Relations Act 2000 applies.  You need to file the personal grievance within a 90‑day time frame. One small mistake like missing the deadline or giving the wrong details can stop your claim from being heard. A legal representative helps make sure everything is done correctly.

Why Having a Legal Representative Matters

There can be many benefits to having a legal representative on your side when filing a personal grievance.

Clear and Accurate Documentation: A lawyer or employment advocate will draft your personal grievance notice clearly and professionally. They make sure you use the right legal terms, you include the correct facts, and you refer to the proper laws and case examples.  This shows your employer you are serious and gives your grievance the best chance.

Strong Legal Strategy: A legal representative will advise you on whether your situation gives you good grounds for a grievance and what outcome you might get. They can help you choose the strongest legal grounds to use, gather evidence like emails, messages, or witness statements, and plan how to present your case well.  

Better Negotiation and Settlement: Many personal grievances are settled before going to the ERA. An employment advocate will negotiate with your employer on your behalf.  They can help you ask for and achieve better compensation, or even get your job back.  They can also help you understand settlement terms so you don’t sign away your rights unknowingly. 

Court-Level Support if Needed: If the grievance isn’t resolved, you might need to go to the ERA or Court. That means giving evidence, cross-examining witnesses, and making legal arguments.  Legal representatives guide you and act for you during hearings.  They can help you understand the process and speak confidently to ensure all your rights are respected in a formal setting.. 

Cost vs Benefit: Is Legal Help Worth It?

A big consideration when deciding if you want to engage a legal representative is the fees. But here’s why getting help is often worth the cost:

• Many advocates work on a no win no fee basis,

• If you win, compensation can cover legal costs and more.

• You increase your chance of success and a fair outcome.

• A well-presented personal grievance can encourage your employer to settle early, saving time and stress.

  
  

If you handle it alone, you might still get something but you risk serious mistakes or losing the opportunity entirely. You should consider getting a legal representative if:

• You’re close to the 90‑day deadline,  

• The situation is complicated,

• You believe you deserve compensation or reinstatement,

• You’re unsure about the process or laws involved, and/or

• You want to avoid common legal mistakes that can cost you

You can lodge a personal grievance in New Zealand on your own but getting a legal representative gives you a stronger chance of success. They help with drafting the claim correctly, advising on strategy, negotiating settlements, and representing you if it goes to an authority.  If you’ve experienced unfair treatment, bullying, discrimination, or dismissal, acting quickly is key and working with someone who knows the law can help you navigate the process confidently.  If you are looking at lodging a personal grievance against your employer, talk to an expert for advice.  Contact Mathews Walker for a free consultation.  mathewswalker.co.nz | 0800 612 355

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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.