Personal grievances

When your employment relationship breaks down, the path forward can seem daunting and unclear. Personal grievances represent a vital legal framework that protects New Zealand employees when they've been treated unfairly in the workplace. As an employment advocate, I regularly guide workers through this process, helping them navigate what can be a challenging and emotionally taxing experience.

What Constitutes a Personal Grievance?

The Employment Relations Act 2000 defines a personal grievance as any grievance an employee may have against their employer or former employer. This legal mechanism allows employees to seek remedies when they believe they've been wronged in their employment relationship.

Personal grievances can arise from various situations. The most common type is unjustifiable dismissal, occurring when an employer terminates employment without good cause or fails to follow proper process. Employees may also face disadvantage by unjustifiable actions when an employer's conduct negatively affects employment conditions or treatment in ways that cannot be justified. Discrimination occurs when an employee is treated less favorably based on prohibited grounds such as age, gender, ethnicity, religious belief, disability, or sexual orientation. Sexual or racial harassment involves experiencing unwelcome behavior of a sexual nature or racial harassment that has a detrimental effect. Some employees are subjected to duress regarding union membership, being pressured about joining or not joining a union. Others may be treated adversely due to family violence, facing negative treatment because they are, or are believed to be, affected by family violence. The law also recognizes grievances related to restructuring, employment agreement compliance, health and safety matters, and protected disclosures.

The Personal Grievance Process

Raising a personal grievance is a structured process with specific timeframes and requirements. Generally, you must raise your grievance within 90 days of the event occurring or coming to your attention. For sexual harassment cases that occurred after June 13, 2023, this timeframe extends to 12 months.

The process typically follows a clear pathway. Initially, you need to clearly communicate your grievance to your employer, preferably in writing. This communication should outline the nature of your complaint and why you believe you have a grievance. If direct resolution isn't achieved, mediation through the Ministry of Business, Innovation and Employment (MBIE) offers a free, confidential service to help parties reach an agreement. When mediation doesn't resolve the issue, the Employment Relations Authority (ERA) can investigate and make a determination. The ERA examines the facts and makes decisions based on the merits of each case. If either party disagrees with the ERA's determination, the matter can be taken to the Employment Court for a judicial hearing.

Real-World Impact: Case Law Examples

The importance of personal grievance provisions is illustrated by real cases that have established precedents in New Zealand employment law. One notable example involved a teenage worker who was pressured into signing an unfair employment agreement that denied essential rights like guaranteed breaks. When she refused to sign without changes, she and her father faced abuse and threatening behavior from the restaurant owner.

After the case was brought to the Employment Relations Authority, the employer was ordered to pay $18,000 in compensation for emotional harm and unpaid entitlements. The ERA found that the employer had constructively dismissed the employee and breached its obligations under employment law.

This case highlights how the personal grievance system protects vulnerable workers and holds employers accountable for unfair treatment. It reinforces that all workers, regardless of age or experience, are entitled to fair treatment and legal protections.

How an Employment Advocate Can Help

Navigating the personal grievance process can be complex and intimidating, particularly when you're already dealing with the stress of an employment dispute. This is where my services as an employment advocate become invaluable.

As your advocate, I provide comprehensive support throughout the entire process. I begin with an objective assessment of your situation and advise whether you have grounds for a personal grievance. I can help you draft a clear, comprehensive letter to your employer that properly articulates your grievance. Throughout the process, I represent you in discussions with your employer, working toward an early resolution where possible. During mediation, I provide support and speak for you, ensuring your voice is heard and your interests protected. If necessary, I prepare and present your case to the Employment Relations Authority. At every stage, I guide you through each step of the process, explaining your options and the potential outcomes.

My approach is to resolve matters at the earliest possible stage, minimizing stress and costs. Many workplace issues can be resolved through clear communication and understanding of rights and obligations. However, when more formal processes are required, having an advocate by your side significantly improves your chances of a favorable outcome.

The Value of Professional Advocacy

Employment law can be complex, and employers often have access to legal resources that individual employees don't. This creates an imbalance that can be addressed through professional advocacy.

When I represent clients in personal grievance cases, I bring not only knowledge of employment law but also experience with the practical application of that law. I understand the strategies that work in negotiations and mediation, and I know how to present a compelling case to the Employment Relations Authority.

In many cases, I work on a contingency basis, meaning there's no upfront cost to you. I only receive payment if we achieve a successful outcome. This arrangement makes professional advocacy accessible to all workers, regardless of their financial situation.

Taking the First Step

If you believe you've experienced unfair treatment in your workplace, don't wait to seek advice. The 90-day timeframe for raising a personal grievance means that prompt action is essential.

I offer a no-obligation, completely free initial discussion to assess your situation and provide guidance on potential next steps. This conversation allows us to explore your options without any financial commitment on your part.

Employment issues can be isolating and stressful. You might feel alone in facing a powerful employer, uncertain about your rights, or confused about the process. Remember that the law provides protections for employees, and professional advocacy can help you access those protections effectively.

By engaging an employment advocate, you gain not just expertise but also support through what can be a challenging process. Your employment rights matter, and the personal grievance system exists to ensure those rights are upheld.

Don't face workplace injustice alone. Reach out today for a confidential discussion about your situation, and take the first step toward resolving your employment issues with professional support.