What is a personal grievance at work, and when should you raise one?

If you're experiencing workplace stress, bullying or have been treated unfairly, you might be considering raising a personal grievance. So, let's first break down what exactly a personal grievance is.

What is a personal grievance?

A personal grievance is a formal complaint made by an employee against an employer. It can be about any aspect of the employment relationship, such as unfair treatment, harassment, discrimination, or unjustified dismissal.

What are some examples of grievances?

There are many reasons that an employee might need to raise a grievance. Some examples include:

• Unjustified dismissal: Being sacked without a justifiable reason or without a fair process.

• Unjustified disadvantage: Unfair and substantial changes to your job, pay, status, or hours, including being demoted or having your wages deducted without your agreement.

• Discrimination: Unfair treatment based on protected grounds such as sex, race, age, disability, religion, or union membership.

• Harassment: Being harassed by someone at work, whether sexual or racial.

• Workplace bullying: Repeated and unreasonable treatment by a manager or co-worker.

• Duress over union pursuits: Being treated differently because of union involvement.

Need support raising a personal grievance? Call 0800 612 355 to see how our advocates can help.

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Why raise a personal grievance?

Filing a personal grievance isn't about starting a fight; it's about asserting your right to be treated fairly. Raising a personal grievance prompts your employer to act. Once the grievance is raised, they should investigate and formally respond. It brings resolution and compensation options including restoring lost wages, compensation for distress, or even reinstatement. It also enforces fairness in the workplace. Holding employers accountable helps ensure better workplaces for everyone, not just you.

How to raise a personal grievance

Deadlines matter

Knowing when to raise a personal grievance can mean the difference between success and losing your right to pursue the claim. You have 90 days from the date of the incident to raise a personal grievance whether it’s dismissal, bullying, or discrimination. For sexual harassment cases, the limit extends to 12 months. Miss the deadline, and you could miss your chance to have your day in the Employment Relations Authority (ERA). Extensions might be granted, but that’s uncertain. It’s safest to act promptly.

Be clear in your claim

A grievance should outline exactly what happened (e.g., dismissed after no warnings), when it happened, why it was wrong and how it can be resolved. It should have enough detail to allow a proper response. A Mathews Walker employment advocate can help you raise your grievance and guide you through the process, maximising your chances for a positive outcome.

Step‑by‑step: Raising a personal grievance

1. Bring it up informally (if it is safe to do so). Before going formal, consider raising the issue with your manager or HR. Sometimes problems can be fixed quickly, like updating job duties or addressing unfair treatment, without escalation.

2. Raise a Personal Grievance. If that fails, you can draft a personal grievance letter including dates, facts, references to your legal rights, and what outcome you're seeking. Deliver it to your employer and keep a copy. We recommend involving a representative at this point to ensure the best outcome.

3. Expect a formal response. Once notified, your employer should investigate the facts, respond in writing and seek resolution.

4. Negotiate a mutually agreed outcome. This may be via a ‘without prejudice conversation’ before escalating to more formal means of agreement. A representative will be helpful in approaching this step.

5. Mediation. If no agreement is reached, either party can request free mediation through Employment New Zealand. Around 95% of disputes resolve before ERA determination.

6. Employment Relations Authority (ERA). If mediation fails, the ERA investigates and makes a binding determination, often involving compensation or reinstatement.

What are the possible outcomes of a personal grievance?

If your personal grievance is successful, there are several remedies that may be available under the Employment Relations Act.

• Reinstatement if you have been terminated

• Compensation for hurt and humiliation

• Compensation for lost wages

• Contribution to your legal costs

How remedies are decided

If the grievance is settled informally or through mediation, your outcome depends on what you and your employer can agree on. If the matter proceeds to the Employment Relations Authority, then normally they will weigh up the seriousness of the issues and how deeply they have affected you.

In some urgent situations, the ERA can also grant interim remedies while the case is being decided. For example, the Authority may order temporary reinstatement, allowing you to return to work until the final decision is made.

Answering your questions about personal grievances

Is a grievance confidential?

A grievance is generally treated as a confidential matter, and the details of the complaint should not be shared with anyone who is not directly involved in the process. However, there may be exceptions where it is necessary to share certain information, such as in the Employment Relations Authority (ERA).

Can a grievance be ignored?

Technically, an employer can choose to ignore a grievance. However, doing so can lead to a breakdown in the employment relationship if it is still ongoing, and may be considered to show a lack of good faith. It is generally in the best interests of both parties to address grievances in a timely and constructive manner.

Can I lose my job for raising a grievance?

It is illegal for an employer to terminate an employee's employment or treat them unfairly just because they have raised a grievance. However, unfortunately this doesn't mean that it won't affect the employment relationship.

Thinking about raising a personal grievance?

Raising a personal grievance is a powerful tool for employees when faced with serious mistreatment. Act quickly to stay within deadlines, be precise when outlining your case, and seek representation or advice early to ensure you get the best outcomes.

If you believe a personal grievance is the next step for you, call us now for a free chat about what this might look like and how we can help you.

Mathewswalker.co.nz | 0800 612 355