Everyone
Personal grievances
A ‘personal grievance’ is an action that you can take against a current or former employer when you have an employment issue you are unable to resolve.
When a personal grievance can be raised
Employees, including those in A situation where there are 3 parties in an employment arrangement: an employer, an employee, and a controlling third party who is responsible for directing the employee's day-to-day work. An action that an employee can take against a current or former employer when they have an employment issue they cannot resolve.
There are different rules for employees who are on a trial period, and those who earn $200,000 or more a year, and want to raise a personal grievance for:
- unjustified dismissal, or
- unjustified disadvantage that relates to dismissal.
For more information:
Employees who earn $200,000 or more a year
Trial and probationary periods
In all other cases, employees can raise a personal grievance if they believe they:
- were unjustifiably dismissed
- were unjustifiably ‘disadvantaged’ in their employment
- were
discriminated against on a prohibited groundWhen a person is treated differently and less fairly than others, for example, because of their race, sex, age, religion, or other prohibited ground under the Human Rights Act 1993.
- were sexually or racially
harassed Any unwanted and unjustified behaviour which another person finds offensive or humiliating. The behavior must be serious or repeated, and have a negative effect on the person’s employment, job performance or job satisfaction.
- were subjected to duress due to membership, or non-membership, of a
union or an employees’ organisationAn organisation that supports and advocates for employees in the workplace. Unions bargain for collective agreements and help employees with information and advice about work-related issues.
- did not have obligations relating to continuity of employment met when they were affected by restructuring
- were disadvantaged due to their
employment agreement not meeting legal requirements for:A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement.
- agreed hours of work
- availability provisions
- reasonable notice periods to be given before cancellation of a shift
- reasonable compensation to be paid if a shift is cancelled
- secondary employment provisions
- were treated unfairly for lawfully refusing to work in certain circumstances
- were treated unfairly because they were believed to be affected by family violence
- were subject to adverse conduct for a remuneration disclosure reason, such as discussing their pay with others or asking about someone else’s pay
- were subject to adverse conduct for a prohibited health and safety reason, or were asked not to perform a function or role under the Health and Safety at Work Act 2015
- had retaliatory action taken against them after making a protected disclosure of information
- did not have their employment protected while they participated in Reserve Forces service or training
- did not have their employment protected while they attended jury service
- were compelled as a shop employee to work on Easter Sunday or treated adversely for refusing to.
Personal grievances are covered by the Employment Relations Act 2000.
Employment Relations Act 2000 - New Zealand Legislation(external link)
How to raise a personal grievance
There are various ways that you can raise a personal grievance. First, you should check that the type of complaint can be brought as a personal grievance. If the complaint is not covered by the personal grievance process, you can still raise the issue with your employer and work towards a resolution.
Raising the issue with your employer
If you have been unable to resolve an issue yourself or with the help of A free, phone-based service provided by Employment New Zealand, which works with employees and employers to help them resolve a problem quickly and informally before it gets more difficult to sort out. A confidential and safe way for employers and employees to work through their issues and develop solutions with the help of an independent mediator. Mediation is usually voluntary, but in some cases can be directed by the Employment Relations Authority.
The personal grievance must be raised in such a way that your employer fully understands that a grievance has been raised and the reasons for it.
You must clearly state what your complaint is and the reasons why you believe you have a grievance. It is best to do this in writing so that everyone is clear.
You must give enough detail about the problem for your employer to respond to the issues. If you do not raise the grievance clearly enough, or with enough details, it could mean that you are unable to take legal action.
You should keep a copy of the letter or email for reference. If you raise the grievance verbally, both you and your employer should take notes of what was said in case there is a dispute later.
Sample letter: Raising a personal grievance [DOCX, 19 KB]
Filing a personal grievance claim at the Employment Relations Authority (ERA)
The The tribunal established under the Employment Relations Act to resolve employment relationship problems. The court that hears and determines cases relating to employment disputes. It also hears challenges to determinations of the Employment Relations Authority and questions of interpretation of law. It has initial jurisdiction over matters like strikes and lockouts.
The ERA helps to resolve employment relationship problems by looking into the facts and making decisions based on the merits of the case, not on technicalities.
You can file a personal grievance claim with the ERA without having to discuss it with your employer or go to mediation if you believe your employer has acted in an unfair or unreasonable manner. On review, the ERA may suggest that you try mediation first.
Employment Relations Authority(external link)
The ERA must also consider whether the employee's behaviour contributed to the personal grievance. This could affect what remedies they may award the employee.
Timeframe for raising a personal grievance
You must raise a personal grievance with your employer within 90 days of the issue arising or coming to your attention, whichever is later. For example, if you were dismissed, you would have 90 days from the end of your employment to raise a grievance for unjustified dismissal.
In the case of sexual harassment, the personal grievance needs to be raised within 12 months of it happening or the date you became aware of it, whichever is later.
Raising a personal grievance after the time limit
If your employer agrees, you may raise a personal grievance after the time limit of 90 days or 12 months.
If they do not agree, you can ask the ERA to decide if you can still raise a personal grievance. You can only do this if you can prove the delay was due to exceptional circumstances.
Examples of exceptional circumstances can include when:
- your representative failed to raise the grievance in time
- you were unable to raise a grievance due to health issues caused by the problem
- your employment agreement did not explain the services available for resolving problems, or did not state the 90-day notification period
- your employer failed to provide a reason for a dismissal when asked.
Timeframes for starting proceedings with the ERA after raising a personal grievance
Employees have 3 years after they first raised the personal grievance with their employer to lodge a claim with the ERA.
Personal grievances in a triangular work arrangement
Employees in a A situation where there are 3 parties in an employment arrangement: an employer, an employee, and a controlling third party who is responsible for directing the employee's day-to-day work. A temporary arrangement between an employer and employee that allows the employee to work in a different department or company while keeping their original role.
You can bring a personal grievance claim against your employer (the agency) and, if relevant, the third party (controlling third party) they work for. The third party must direct or control your day-to-day work.
The controlling third party can be added to a personal grievance claim if their behaviour or actions contributed to the problem.
This may include behaviours like bullying, harassment or discrimination. Both your employer and the controlling third party could be responsible for providing remedies or compensation to you.
Bullying, harassment and discrimination
Both employees and employers in a triangular employment situation can apply to the ERA to add the controlling third party to a personal grievance claim, and for remedies to be divided between the employer and controlling third party.
Unjustifiable dismissal
Most employees can raise a personal grievance where their employer’s actions resulted in an unjustified When an employer removes an employee from their job, for example, as a result of misconduct or redundancy.
- the employer did not have a good reason to dismiss them, or
- the process was unfair.
There are different rules for employees who are on a trial period or earn $200,000 or more a year. For more information:
Employees who earn $200,000 or more a year
Trial and probationary periods
Good reason
Examples of situations where there may be good reason for dismissal include:
- disciplinary process
- managing performance issues
- restructuring and workplace change
- bullying, harassment and discrimination.
If you have been dismissed, you have the right to ask your employer for a written statement of the reasons for dismissal. You can make this request up to 60 days after you found out about the dismissal.
Your employer must provide the written statement within 14 days of your request.
If your employer fails to provide this written statement, you may be able to raise a grievance after the end of the 90-day notification period in special circumstances.
There are different rules for employees who are on a trial period or earn $200,000 or more a year. For more information:
Employees who earn $200,000 or more a year
Trial and probationary periods
Fair process
What is fair depends on the circumstances. Employers do not have to have to complete the process perfectly — errors may not make the whole process unfair. Any relevant provisions in the employment agreement and workplace policies or procedures must be followed.
Where the workplace does not have clear guidance then the test is: ‘what could a fair and reasonable employer have done in the circumstances?’
For example, it may not be seen as reasonable if an employer only gave short notice of requirement to attend a disciplinary meeting and did not give the employee the opportunity to have a support person.
Unjustified disadvantage
Most employees can raise a personal grievance where their employer’s actions resulted in an unjustified disadvantage to the employee.
There are different rules for employees who:
- are on a trial period or earn $200,000 or more a year, and
- want to raise a personal grievance for unjustified disadvantage that relates to dismissal.
For more information, see:
Employees who earn $200,000 or more a year
Trial and probationary periods
These employees can still raise a personal grievance for unjustified disadvantage that relates to another matter.
What 'unjustified disadvantage' means
Employees can raise a personal grievance if they believe:
- their employer has done something that has affected their employment or conditions of work in a way that has disadvantaged them and/or made it harder for them to do their job, and
- the employer’s action was not justified — meaning that it was not fair and reasonable or was not in good faith.
Examples could include where the employer:
- did not deal with an issue that was raised by the employee, which made it harder for the employee to do their job properly — for example, bullying, harassment, health and safety issues, or inappropriate behaviour
- withdrew work or did not give work to the employee
- demoted the employee into a lower paid job
- unlawfully suspended the employee without pay
- transferred the employee to another location without consultation
- gave the employee an unjustified warning.
In some instances, an employee might raise a concern about an unjustifiable disadvantage and, if this is not dealt with to their satisfaction, they may feel that they have no choice but to resign.
This could lead to them bringing an action against their employer for constructive dismissal.
If employee behaviour contributes to a personal grievance
If a personal grievance is established, the Employment Relations Authority or Employment Court will decide:
- whether to award remedies and what remedies to award:
- reimbursement of lost wages
- reinstatement of the employee
- compensation for hurt and humiliation or the loss of any expected benefit, and/or
- to make recommendations to the employer, and
- whether the employee contributed to the situation that led to the personal grievance.
If an employee's behaviour contributed to the situation that led to the personal grievance, the employer (or controlling third party) cannot be required to:
- reinstate the employee
- compensate the employee for hurt and humiliation or loss of any benefit.
The employee can still receive reimbursement of lost wages and the Authority or Court can still make recommendations to the employer. The Authority or Court can also reduce the remedy for reimbursement for lost wages.
If the employee's behaviour amounted to serious misconduct, the Authority or Court cannot award any remedies that would otherwise be available.
Employees who earn $200,000 or more a year
If an employee who is dismissed earns $200,000 or more a year, they do not have certain dismissal protections.
This means the employee cannot raise a personal grievance in some circumstances, unless they have contracted back in to dismissal protections.
See the full list of dismissal protections:
Dismissal - Employee earns $200,000 or more a year
When high earners can raise a personal grievance
Unless they contract back in, employees who earn $200,000 or more a year cannot raise a personal grievance if they believe they were:
- unjustifiably dismissed, or
- unjustifiably disadvantaged in their employment and it relates to dismissal.
There is a 12-month transition period in which these employees can still raise a personal grievance for these reasons if:
- at the time they were dismissed they:
- are in the same job that they were in immediately before 21 February 2026, or
- are in a different job between 21 February 2026 and 21 February 2027 (with the same employer or a different employer) but only as a result of a restructure, and
- were dismissed before 21 February 2027 and raise a personal grievance within 90 days of the dismissal date.
Once the transition period ends, employees will only be able to raise a personal grievance for these reasons if they have contracted back in to dismissal protections in writing.
They will still be able to raise a personal grievance for other reasons listed under the 'When a personal grievance can be raised' heading.
Employers and employees can agree that the remuneration threshold changes can come into effect before 21 February 2027. If this is the case, employees will not be able to raise a personal grievance for these reasons from the date it is agreed.
Income included in the remuneration threshold for dismissal
Annual income is PAYE income paid by the employer, which includes:
- salary or wages
- an allowance
- overtime
- annual or special bonuses
- cashed in annual leave
- payments for accepting restrictive covenants
- gratuities (tips)
- back pay, including back paid holiday pay
- lump sum holiday pay
- employee share scheme benefits.
Annual income does not include:
- accident compensation earnings, whether paid by the employer or ACC
- employer superannuation payments, unless it is paid as salary and wages
- certain types of reimbursements
- things covered by fringe benefit tax, for example:
- motor vehicles available for private use
- low interest/interest-free loans
- free, subsidised or discounted goods and services.
Formula for calculating annual remuneration
To calculate an employee's annual remuneration to check if it is over $200,000:
- add the employee's gross earnings over the last 364 days from the day they were notified of the dismissal
- do not include the current pay period - calculate the pay leading up to the day before the start of the current pay period
- only add the pay for the time the employee was in the position they have been dismissed from
- divide that figure by the number of days the employee held that position during the 364 days (for the same period as step 1), and
- multiply the outcome by 364 to get an annual amount.