× Alert

COVID-19: Auckland is at Alert Level 3. The rest of New Zealand is at Alert Level 2. Mediations are being held by phone and video conference in the Auckland region.

What is a personal grievance?

A personal grievance is a type of complaint that an employee may bring against a current or former employer.

Employees, including those in a triangular employment situation, can bring a personal grievance for the following complaints:

  • Unjustifiable dismissal (unless the dismissal took place while the employee was on a valid 90 day trial period)
  • Unjustifiable action which disadvantages the employee
  • Discrimination
  • Sexual harassment
  • Racial harassment
  • Duress over membership of a union or other employee organisation
  • An employer’s failure to comply with obligations relating to continuity of employment for employees affected by restructuring
  • Disadvantage to an employee due to the employment agreement not meeting legal requirements for:
    • 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.
  • Unfair treatment of an employee who has lawfully refused work in certain circumstances
  • Where an employer engages in adverse conduct for a prohibited health and safety reason in relation to an employee or tries to force or persuade an employee not to perform a function, exercise a power or undertake a role under the Health and Safety at Work Act 2015
  • Where an employer, or former employer, takes retaliatory action against an employee who has made a protected disclosure of information
  • Where an employer does not agree to protecting an employee’s employment while the employee in participating in Reserve Forces service or training
  • Where an employer compels a shop employee to work on Easter Sunday or treats a shop employee adversely because they refuse to work on Easter Sunday.

How helpful was this information?

Page last revised: 28 June 2020

Still haven't found what you're looking for?

Top