What is the Time Limit for Raising a Personal Grievance Against my Employer?

If you are a New Zealand employee and have a dispute with your employer, one way to address the problem is by raising a personal grievance. But it is important to know that there are strict time limits for when you must raise it. If you miss the deadline, you can lose your chance to be heard.

What Is a Personal Grievance?

A personal grievance (PG) is a formal way to raise a complaint against your employer if you believe you’ve been treated unfairly in your work. Common examples include:

• Unjustified dismissal (being fired unfairly)

• Being unfairly disadvantaged at work

• Discrimination

• Sexual harassment

• Harassment or duress related to union membership

Raising a PG tells your employer you believe something was wrong and you want it fixed. It’s usually the first step before taking the matter to mediation or to the Employment Relations Authority (ERA).

What are the time limits for raising a complaint?

The standard time limit for raising a PG is ninety (90) days.  For most PGs, you must raise the grievance with your employer within 90 days after the event happened or within 90 days after you first became aware of it, whichever is later. 

For example if your boss unfairly demotes you on 1 June and you know about it on that day, you have until 30 August (90 days after 1 June) to raise the grievance with them.  If you raise it on day 91 or later, without permission, your claim might be rejected unless special rules apply.

If your complaint is about sexual harassment, the law gives you a 12 month time limit instead of 90 days but only for incidents that happened or you became aware of on or after 13 June 2023. This change recognises that it can sometimes take longer for someone to understand and feel ready to speak up about harassment.

When does the time to complain start?

Understanding when the clock starts is just as important as knowing how long you have. Time starts from the date the incident happened, or the date you first became aware of the incident, whichever is later. 

This means if the event affected you but you didn’t realise it until later, the time to raise your PG starts when you first knew about it. For example if you were unjustly passed over for promotion in January, but didn’t realise it was unfair until March, time would start from March. As March is the later date, you’d have 90 days from then.

If your grievance is about being fired or leaving your job, the 90 day period can run from the end of your employment, not just when the event happened. So, if you were dismissed and didn’t discover the full details until after your last day, time may start from the day you stopped working.

What does raising the grievance with your employer mean?

“Raising” your personal grievance means telling your employer (usually in writing) that you believe they’ve done something wrong and you want it fixed. It’s better to do this in writing (like by email or letter) because you then have a record of what you said. Your letter should include what happened, when it happened, why you think it was unfair, and what you want your employer to do about it.

What Happens If You Miss the Time Limit?

Missing your deadline doesn’t always mean your case is over as there are ways to try to still raise the grievance.

The simplest option is to ask your employer directly if you can raise the grievance late. If your employer agrees, you can proceed as if you were in time. This may work better in workplaces where both sides want to resolve issues quickly without going to the ERA.

If your employer won’t agree, you can apply to the ERA for leave to raise the grievance after time has expired. This isn’t automatic and you must show that the delay was caused by “exceptional circumstances”, and it is just and fair to let you raise the grievance now. Examples of exceptional circumstances may include:

• You were too unwell or traumatised to raise it in time,

• Your advocate or lawyer failed to raise your grievance when they should have,

• Your employment agreement didn’t explain the process or time limits clearly, and/or

• Your employer didn’t give you dismissal reasons you asked for.

  
  

These situations are quite rare and require solid evidence. Wherever possible, it’s best to raise grievances within the time limit.

Even if you raise a grievance with your employer within time, you must start things with the ERA or Employment Court within three years after you first raised the grievance. After that, you generally can’t go to those formal steps.

Frequently Asked Questions

Do time limits apply to every type of personal grievance?

Mostly yes. 90 days for most problems, but 12 months for sexual harassment under the law from 13 June 2023.

What if I didn’t realise I had a problem at the time it happened?

Time starts from when you first became aware of the issue, not always the date the event occurred.

Does it matter if I raise the grievance verbally?

You can raise it verbally, but writing it down is generally best as it gives you a clear record if things go further.

Can I still take my claim to the ERA if my employer doesn’t fix it?

Yes. If you raise the grievance on time with your employer first, you can usually take it to mediation and then to the ERA.

What counts as “exceptional circumstances” if I miss the deadline?

Things like serious illness, trauma, or your representative’s error might help you ask the ERA to extend time, but you will have to provide evidence.

Time limits for raising a personal grievance in New Zealand are strict but fair. Knowing your time limit, whether it be 90 days or 12 months for sexual harassment, and when it starts, is vital. It is important to act quickly and clearly if you think you’ve been treated unfairly and seek advice from an expert if you are unclear on whether you are within time. The sooner you seek help and raise the issue, the better your chances are of resolving it.

If you’re unsure about your employment dispute, contact Mathews Walker for expert advice and assistance. We can help you understand your options and deadlines before time runs out. MathewsWalker.co.nz | 0800 612 355

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