Helping employees with a personal grievance
Personal grievance refers to the procedures in the Employment Relations Act 2000 that facilitate an employee raising the issue of an unjustified dismissal or unjustified actions attributable to the employer.
Every employee in this country has the right to raise a personal grievance complaint if they believe they have been mistreated, discriminated against, unjustifiably dismissed or subject to any form of unjustified treatment. You must make a personal grievance within 90 days of the alleged occurrence. The Employment Relations Act 2000 sets some minimum tests of fairness for an employer’s process requiring that:
- the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee
- the employer raised their concerns with the employee before dismissing or taking action against the employee
- the employer gave the employee a reasonable opportunity to respond to the employer’s concerns before dismissing or taking action against the employee
- the employer genuinely considered the employee’s explanation in relation to the allegations against the employee before dismissing or taking action against the employee.
The most common personal grievance relates to an unjustified dismissal. There is also a growing trend of employees speaking out about workplace bullying, harassment, and sexual harassment. We are at the forefront of helping people speak up. These are tough issues to raise, and we have the day-to-day experience to help you navigate these problems. You will feel supported by us at every step.
Our view is that good early intervention is key. We have a great track record of assisting employees to improve their working environment. Where an employee feels they cannot stay with their employer, we are experts in the negation of fair exit packages for employees who have been mistreated.
We are a young and upcoming law firm, and a considerable amount of our work involves advocating against government departments and large organisations and the lawyers that represent them. We are well known as strong and capable advocates, and our reputation helps drive great results for our clients.
We can provide you with fair, straightforward and affordable advice on your chances of success, explain the procedures and give you guidelines around any settlement or costs that the personal grievance may bring.
We have an excellent track record in resolving personal grievance claims. If you have been dismissed unfairly or you think you may have been subject to any form of discrimination, unjustifiable action or duress, do call us for a no-obligation assessment of the situation.
Contact us for more information
Wherever you live in New Zealand we are here to help, with remote consultations available.