FAQ: How Do I Make a Complaint to My Employer?

If something is wrong at work, speaking up can feel difficult. You may be worried about losing your job, being treated differently, or not being believed. But in New Zealand, employees have legal rights, and employers must deal with workplace concerns fairly and in good faith.

The best approach is usually to raise the issue early, clearly, and in writing if possible. A problem raised early is often easier to solve before it becomes serious.

What counts as a workplace complaint?

A workplace complaint is any concern about something happening at work that affects you unfairly, unlawfully, or unsafely.  This may include:

• bullying or harassment

• discrimination

• unsafe work practices

• unpaid wages or leave problems

• unfair warnings or disciplinary action

• inappropriate behaviour by a manager or co-worker

• breaches of your employment agreement

Under section 4 of the Employment Relations Act 2000, both employers and employees must deal with each other in good faith. That means being honest, responsive, communicative, and fair.

What is the best way to raise a workplace issue?

In most cases, the best first step is to raise the issue calmly and directly. Start by:

1. Explaining what happened;

2. Saying why it concerns you;

3. Explaining what outcome you would like.

Where possible, do this in writing, for example by email.  A written complaint creates a clear record. It helps avoid misunderstandings and shows that you raised the issue properly. Keep your complaint factual. Stick to dates, events, names, and specific examples.  Avoid emotional language if possible. Clear and calm complaints are easier to investigate.

Who should I raise the complaint with?

Usually, raise the issue with:

• your direct manager, if they are not involved;

• your HR department;

• a senior manager; or

• the person named in your workplace grievance policy.

Many workplaces have internal complaint procedures in employment agreements, staff handbooks or intranets, bullying and harassment policies, or a code of conduct. Check these documents before making your complaint. If your employer has a complaint policy, follow it unless there is a good reason not to.  Workplace policies matter because they often set out who receives complaints, timeframes, investigation steps, and confidentiality rules. If your employer ignores its own policy, that may become relevant later if the matter escalates.

What if I do not feel safe complaining to my manager?

Sometimes the person causing the problem is your manager. Sometimes you fear retaliation.  If that happens, you do not have to complain to that person directly.  Instead, you can:

• go to another manager;

• contact HR;

• raise it with the business owner;

• speak to your union representative;

• use an anonymous reporting channel if available; or

• get help from an employment advocate.

If the issue involves bullying, harassment, discrimination, or threats, your employer should provide a safe alternative reporting pathway.  If you feel physically unsafe, or threatened, document the incident immediately and seek urgent support.  In serious cases involving assault, threats, or criminal conduct, Police may also need to be involved.

Many employees stay silent because they fear losing hours or shifts, visa consequences, embarrassment, not being believed or becoming a target of workplace gossip.  These fears are common, but silence can make the situation worse.  If raising the issue internally feels impossible you could ask a support person to attend meetings with you or raise it through a representative.  Sending the complaint in writing can be easier than face-to-face, and you can request confidentiality. 

If you are uncertain about how best to make the complaint, seek outside advice before lodging it.  You can get free early guidance from Employment New Zealand or an employment advocate before deciding your next step.

What happens if my employer ignores the complaint?

If your employer fails to act reasonably, you may have stronger legal options.  For example, if the issue involves unfair treatment, bullying, unjustified disciplinary action, discrimination, or dismissal, you may be entitled to raise a personal grievance.  In New Zealand, most personal grievances must be raised within 90 days, although sexual harassment grievances have a 12-month limit.  That time limit is strict.  Even if your employer ignores you, do not wait too long to get advice.

Can I make a formal legal complaint straight away?

Sometimes it is possible to get straight to raising a Personal Grievance. Especially where you feel the workplace is unsafe, the employer is involved in wrongdoing, the conduct is serious, or where internal reporting would be unreasonable. If informal steps fail, or are not appropriate, next steps may include:

• MBIE mediation (free and fast way to resolve workplace disputes);

• raising a personal grievance;

• complaint to the Employment Relations Authority;

• Human Rights Commission complaint (for discrimination cases); and/or

• WorkSafe report (for health and safety risks).

If something feels wrong at work, act early, follow relevant workplace policies and procedures, document any actions and keep records, and get advice if unsure.  The strongest complaints are clear, factual, timely, and documented.  Speaking up may feel uncomfortable but protecting your rights starts with making sure your concerns are properly raised and recorded.  If you need to raise a complaint at work and are feeling unsure about the process or unsafe to raise your concerns, get in touch for a free consultation today.  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.