Deciding to file a personal grievance (PG) complaint at work can feel overwhelming, especially when emotions are running high. Before you proceed with a complaint, it's crucial to understand what qualifies as a grievance under New Zealand law.
A personal grievance can be lodged for several reasons, including:
Unjustified dismissal: If you believe your employer terminated your employment without a fair reason or proper process.
Unjustified disadvantage: When your employer takes action that negatively impacts your employment conditions.
Discrimination: If you’ve been treated unfairly based on factors such as age, race, gender, sexual orientation, or disability.
Sexual harassment: Unwelcome or inappropriate behaviour of a sexual nature in the workplace.
Bullying and workplace harassment: Repeated, unreasonable behaviour directed at an employee that creates a risk to their health and safety.
Attempting a resolution first
While the law allows you to file a formal grievance, it’s often worth trying to resolve the issue informally before taking this step. You can:
Raise the issue directly with your manager or HR department: In some cases, a conversation can clear up misunderstandings or resolve workplace conflicts.
Use your workplace’s dispute resolution processes: Many companies have internal procedures designed to address complaints or conflicts.
Taking an informal approach doesn’t prevent you from filing a formal grievance later if needed. It can also demonstrate your willingness to work constructively towards a resolution, which can help your case if it progresses further.
Documentation
A well-documented case is crucial when it comes to personal grievances. Keep a record of the following:
Key incidents: Write down what happened, who was involved, and when it occurred. Be as detailed as possible.
Communication: Save emails, texts, or any written communication between you and your employer, especially if it relates to the issue at hand.
Witnesses: If others were present during the incidents, note down their names, as their testimony may support your case.
The more evidence you have, the stronger your grievance will be if it reaches mediation or the Employment Relations Authority.
Filing a grievance
Once you have decided to make a complaint it is important to note that New Zealand employment law sets strict time frames for raising a personal grievance. You must raise your complaint with your employer within 90 days of the incident or action that led to your grievance or 1 year if the grievance is related to sexual harassment. These deadlines are critical; if you miss it, your ability to lodge a personal grievance complaint may be lost.
In some exceptional cases, you can request an extension, but it's up to the Employment Relations Authority to decide whether to grant this. It’s always best to act promptly to ensure your rights are protected.
Seeking advice
Filing a personal grievance can be a complex process, and there are risks involved if it’s not handled properly. Before raising your grievance formally, it’s wise to seek advice from an employment advocate or lawyer who specialises in employment law. They can:
Help you assess the strength of your case: Not every workplace issue qualifies as a personal grievance, and an expert can help you determine whether it’s worth pursuing.
Ensure you follow the correct procedure: If you don’t follow the proper steps, you risk weakening your case.
Negotiate on your behalf: In many cases, having an advocate involved can help resolve the issue faster and more effectively, without the need for formal mediation or legal proceedings.
What happens next?
If it's not possible to resolve the issue directly with your employer, the next step is often mediation. Mediation is a formal but confidential process where both parties meet with an independent mediator to try and reach a resolution. Many personal grievance cases are resolved at this stage, and it can be a quicker and less stressful alternative to legal proceedings.
Your employment advocate can represent you in mediation, ensuring that your rights are upheld and that you receive the best possible outcome.
If mediation doesn’t resolve the issue, your case may progress to the Employment Relations Authority (ERA) or the Employment Court.
Filing a personal grievance is a serious step, but it’s an important one when your rights as an employee have been violated. By understanding your rights, documenting your case, and seeking professional advice, you’ll be better positioned to achieve a fair and just outcome.
At Mathews Walker, we’re here to support you through every step of the personal grievance process. If you’re unsure about your next move, or need help navigating the complexities of your case, reach out to us (0800 612 355 | mathewswalker.co.nz) for expert advice and compassionate advocacy.
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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