FAQ: What is the Difference Between a Personal Grievance and a Complaint?

Many employees experience problems at work. One of the biggest misunderstandings we see is employees thinking that every complaint automatically gives them a legal claim. While some complaints can become a personal grievance, many are simply issues that your employer should address through their normal workplace processes.  Understanding the difference can help you choose the right approach and protect your legal rights.

What Is a Workplace Complaint?

A workplace complaint is simply raising a concern about something that has happened at work. You might complain because:

• Your manager spoke to you disrespectfully.

• You are being bullied by a co-worker.

• You believe your pay is incorrect.

• Your employer is not following one of its policies.

• You have concerns about health and safety.

• You believe someone is being treated unfairly.

Making a complaint is usually the first step in trying to resolve a workplace problem.  Most employers have policies explaining how complaints should be raised and investigated. Depending on the issue, your complaint may be handled by your manager, Human Resources, or another senior employee.  Many complaints are resolved without any legal action being necessary.

What Is a Personal Grievance?

A personal grievance is different.  A personal grievance is a legal claim available under the Employment Relations Act 2000 when an employee believes their employer has breached their legal obligations or treated them unfairly.  

Unlike a general complaint, a personal grievance can lead to legal remedies such as compensation, reimbursement of lost wages, reinstatement, or recommendations made by the Employment Relations Authority.  The right to raise a personal grievance is set out in Part 9 of the Employment Relations Act 2000. Some of the most common personal grievances include:

• Unjustified dismissal

• Unjustified disadvantage

• Workplace discrimination

• Sexual harassment

• Racial harassment

• Duress relating to union membership

• Retaliation after making certain protected complaints

These are legal issues rather than simply workplace disagreements.

Can a Complaint Become a Personal Grievance?

Many personal grievances begin with a complaint.  For example, imagine you tell your employer that a colleague is bullying you.  Initially, you have simply made a complaint.  If your employer:

• ignores your complaint,

• refuses to investigate,

• allows the bullying to continue,

• retaliates against you for speaking up, or

• disciplines you because you complained,

the situation may develop into a personal grievance because your employer may have acted unfairly.

If you feel safe doing so, raising the issue directly with your employer may allow it to be resolved quickly.  Many employers genuinely want to fix problems before they escalate.  However, if the issue is serious, such as dismissal, discrimination, bullying, or retaliation, it is often worth getting advice early so you understand your rights before responding.

The important point is that making a complaint does not automatically create a personal grievance. It is often your employer's response that determines whether legal rights have been breached.

When Should You Raise a Personal Grievance?

You should consider getting advice from an employment advocate if you believe your employer has:

• dismissed you unfairly,

• treated you unfairly,

• failed to investigate serious concerns,

• discriminated against you,

• allowed bullying or harassment to continue,

• retaliated after you raised concerns, or

• significantly breached their obligations as your employer.

One important thing to remember is that employees generally have 90 days from the date of the action complained about (or when they became aware of it) to raise a personal grievance with their employer, although there are limited exceptions in some circumstances.  Waiting too long could affect your ability to pursue your legal rights.

Every personal grievance usually starts with a workplace problem, but not every workplace problem becomes a personal grievance.  If you are unsure whether your situation is simply a complaint or whether it may amount to a personal grievance, get in touch for a free consultation. 

MathewsWalker.co.nz | Employment Problems Solved | 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.