What Is a Personal Grievance and When Should You Raise One?

A personal grievance is your formal way of addressing serious issues at work. From being sacked without warning to facing discrimination or bullying, if your workplace problem can’t be resolved informally, a personal grievance under the Employment Relations Act 2000 might be the way to go. 

What is a Personal Grievance?

A personal grievance is a complaint in response to an unjustified action against the employee, meaning the action either lacks good reason or a fair procedure. Employees can file a personal grievance for:

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.

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

Harassment: whether sexual or racial.

Duress over union pursuits: being treated differently because of union involvement.

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 obliges your employer to act. Once the grievance is raised, they must 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 chance. 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 1 year. 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

When filing, outline exactly what happened (e.g., dismissed after no warnings), when it happened, and why it was wrong.  The ERA will want enough detail to allow a proper response.  A Mathews Walker employment advocate can help you file your grievance and guide you through the process, maximising your changes 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. Write to Your Employer

   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.

3. Expect a Formal Response

   Once notified, your employer must investigate the facts, respond in writing and seek resolution, ideally through mediation or internal processes.  

4. Mediation

   If no agreement is reached, either party can request free mediation through Employment New Zealand. Around 95% of disputes resolve here without going to the ERA.

5. Employment Relations Authority (ERA)

   If mediation fails, the ERA investigates and makes a binding decision—often involving compensation or reinstatement.

   
   

What Outcomes Can You Get?

Knowing the possible results helps you set realistic expectations. Outcomes many include:

1. Remedies i.e. lost wages (back pay), compensation for humiliation or injury to feelings and/or reinstatement (returning to your job).

2. Interim remedies: for example, if urgent, the ERA can order temporary reinstatement while your case is resolved.

   
   

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, get in touch with an expert 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.