Personal grievances: What employers need to know

Unjustified dismissal or unjustified disadvantage are common reasons employees raise personal grievances. Here is a quick guide for employers to help you understand what these terms mean and avoid common mistakes.

What is a personal grievance?

A personal grievance is a formal complaint an employee can raise if they believe they’ve been treated unfairly. Common grounds include unjustified dismissal and unjustified disadvantage.

Unjustified dismissal

Unjustified dismissal is where the employer did not have a good reason for dismissal or failed to follow a fair process.

Employers must have a good reason for dismissal, such as serious misconduct, restructuring, bullying or harassment. 

Dismissal

Unjustified disadvantage

Unjustified disadvantage is where an employer’s actions negatively affect an employee’s conditions or treatment at work, and where that action was unjustified.

An employee can raise a personal grievance for unjustified disadvantage if their employer has done something that has affected their employment or conditions of work in a way that has disadvantaged them or made it harder for them to do their job, and the employer’s action was not justified.

Unjustified disadvantage(external link)

What employers can do

When dealing with issues at work, employers should follow these basic principles: 

  • Follow a fair process.
  • Act in good faith.

Fair process

Good faith

Following a fair process includes:

  • properly raising your concerns with the employee
  • giving the employee a reasonable opportunity to tell their side of the story
  • fully investigating concerns, and
  • genuinely considering the employee’s explanations if provided.

Employers and employees are expected to be honest, open and constructive. Not working in good faith might include: 

  • not dealing with an issue that was raised by the employee, which made it harder for the employee to do their job properly – such as bullying
  • withdrawing work from the employee or demoting them, or 
  • giving the employee an unjustified warning.

“When employers take the time to follow fair processes and communicate clearly, it not only supports compliance – it builds trust and helps prevent disputes before they arise,” says Pele Walker, Director of Dispute Resolution. “Early action and respectful engagement can make all the difference in resolving issues constructively.”

Learn more:

Personal grievances