Understanding the Personal Grievance Process in New Zealand

Navigating the personal grievance process in New Zealand can feel overwhelming. Whether you're facing workplace disputes or unfair treatment, knowing the right steps to take is crucial. This is where an advocate can become your best ally. With their expertise and support, you can confidently navigate the complexities of the grievance process, ensuring that your voice is heard and your rights are protected.

What Is a Personal Grievance? 

A Personal Grievance is a formal way for an employee to complain about how they've been treated at work. This might include:

• Being unfairly dismissed;

• Being treated badly by a boss or co‑worker (harassment or bullying);

• Having your pay or rights denied;

• Facing discrimination because of your race, age, gender, religion, or another protected characteristic.

In New Zealand the personal grievance process is part of the protection for employees provided by the Employment Relations Act 2000.  It  gives employees voice, fairness, and a step‑by‑step way to resolve issues.

How does the Personal Grievance process work? 

There are a number of steps involved in the Personal Grievance process.

1. Talk to Your Employer

Before sending any formal complaint, you’re encouraged to raise the issue informally of you feel safe to do so. This step gives your employer a chance to fix things quickly. Sometimes the problem ends there, in a fair and friendly way.

2. Lodge a Formal Personal Grievance

If talking doesn’t fix the problem, the next step is to send a written grievance. In your letter, be clear and detailed:

• Who you are;

• What happened, and when;

• How it affected you;

• What you want as a solution (like an apology, or your job back).

You should include the fact you are that you're raising a Personal Grievance under New Zealand employment law. An employment advocate can help you draft and file a Personal Grievance if you do not feel comfortable to do so yourself.

3. Meet and Try to Resolve It

Once your employer gets your written grievance, they should offer a meeting to talk it through. You should be given the opportunity to bring a support person or representative (such as an employment advocate).  The goal of this meeting is to try to settle the issue together, maybe in a way that works for both sides. Your employment advocate may negotiate an outcome on your behalf.

4. Mediation

If a fair solution doesn’t come from those talks, you can request mediation through the Employment Relations Authority (ERA).  Mediation is when a neutral person helps everyone talk and find common ground. You may also choose to have a legal representative (such as an employment advocate) for this step in the process.

5. Employment Relations Authority or Court

If mediation is unsuccessful, your grievance may go to the Employment Relations Authority or even the Employment Court. These are formal legal bodies that will look at the facts and make a decision. Again, you may choose to represent yourself or engage a legal representative such a as an employment advocate.

6. Remedies

If the Authority or Court agrees your grievance was justified, they can order a remedy, such as:

• Reinstating you in your job;

• Back pay (wages you lost);

• Compensation for lost opportunity, hurt, humiliation, or stress (up to a legal limit);

• An apology from the employer.

What are the Benefits of Having an Employment Advocate Represent You?

An employment advocate is someone who understands and has experience with the New Zealand employment system. They’re not just there to represent you; they help you understand, prepare, and feel confident.

The Personal Grievance process has steps and timelines that can feel confusing. An advocate:

• Helps you understand what you need to do and when;

• Knows how to write a strong, clear grievance letter;

• Guides you to gather evidence, such as emails, messages, or notes of conversations.

That way, you don’t get stuck wondering what to write or when to act. You can focus on explaining what happened and how you feel.

Meetings with employers or mediators can feel intimidating. An advocate stands by your side, helps you stay calm, talks clearly, and ensures you’re heard. They also help you understand what’s being said, so you don’t misunderstand or agree to something unfair.

Unfair treatment at work already causes stress. Figuring out the process adds extra strain. Having an advocate means you’re not alone. You have someone in your corner who knows what’s fair, what’s legal, and how to argue for what you deserve.

Advocates know how to build a case. They help collect evidence that matters such as meeting notes, texts, or witness statements. They make sure your side of the story is clear and strong. In New Zealand, cases involving Personal Grievances resolved with the help of advocates often reach better outcomes such as fair compensation or re‑employment because they’re prepared and backed by experience.

Finally, an advocate helps ensure the system is fair. You’re not just relying on your own resources; you’re supported. That gives you a sense of empowerment, knowing you’ve done what you can to stand up for yourself.

For example, let’s imagine Emma, a retail assistant in Christchurch. One day she was told her hours would be cut without her agreement. She felt blindsided and anxious.

1. Emma talked informally with her manager, explaining how the cut would hurt her ability to pay rent. The manager promised to look into it, but nothing changed.

2. Emma wrote a Personal Grievance letter, explaining what happened, how she felt, and saying she wanted her hours restored.

3. She brought along an advocate to the meeting. The advocate helped her stay calm and spoke clearly about what the law says.

4. They tried mediation, but no agreement was reached.

5. The case went to the Employment Relations Authority. Emma’s advocate helped gather her time sheets, text messages, and emails. The Authority ruled in her favour: Emma got her hours back and received compensation for unfair treatment.

Because of her advocate, Emma didn’t have to face the process alone and the outcome was fairer and faster.

Tips for Working with an Advocate 

Work together: tell them clearly what happened, share any notes or evidence you have, and ask questions if something is confusing.

Keep copies of everything: letters, emails, texts, time sheets so your advocate can use them if needed.

Stay calm and focused: having someone by your side helps you stay calm and think clearly.

In New Zealand, the Personal Grievance process gives employees a way to challenge unfair treatment. It’s a structured path from informal talks, to formal grievances, mediation, and legal decisions if needed. But going through it alone can be daunting. Having an employment advocate, someone who knows the rules, stands beside you, and speaks clearly on your behalf, can make the process easier, fairer, and less stressful. With their guidance, you’re not just complaining, you’re taking a confident step toward fairness and respect. If you are facing an unfair situation at work, get in touch with an expert. Call now 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