Personal Grievances NZ: When Your Employer Does Wrong

If your employer has treated you unfairly at work, you might have the right to raise a personal grievance. This is a formal action you can take against your employer when you've tried to resolve workplace issues without success. Understanding your rights and the process is crucial, especially with recent changes to New Zealand employment law coming into effect in 2026.

What is a Personal Grievance?

A personal grievance is a legal action you can take against a current or former employer when you have an employment issue you're unable to resolve through normal channels.^[1] It's covered by the Employment Relations Act 2000, and it gives you a formal way to seek remedies if your employer has acted unfairly or unreasonably.

You don't need to have already tried mediation or discussed the issue with your employer before filing a personal grievance claim with the Employment Relations Authority (ERA). However, the ERA may suggest you try mediation first on review.

What Grounds Can You Raise a Personal Grievance For?

There are several reasons you might have grounds for a personal grievance. These include:

• Unjustified dismissal – being fired without fair reason or proper process
• Unjustified disadvantage – when your employer's actions have negatively affected your employment or made it harder to do your job
• Unjustified disadvantage relating to stand-down – being stood down without justification
• Unjustified disadvantage relating to shift work – issues with agreed hours, shift cancellations, or lack of reasonable notice or compensation
• Personal grievance relating to pay secrecy – being treated unfairly for discussing your pay with colleagues or asking about someone else's pay (applies to adverse conduct on or after 27 August 2025)^[1]
• Health and safety retaliation – being treated adversely for raising health and safety concerns under the Health and Safety at Work Act 2015
• Protected disclosure retaliation – retaliatory action after making a protected disclosure of information
• Reserve Forces or jury service protection – employment not protected while on Reserve Forces service or jury duty
• Easter Sunday shop work – being compelled to work on Easter Sunday or treated adversely for refusing
• Family violence – being treated unfairly because your employer believed you were affected by family violence

Unjustified Disadvantage Explained

Unjustified disadvantage is one of the most common grounds for a personal grievance. You can raise this if your employer's actions have disadvantaged you and weren't fair, reasonable, or made in good faith.^[1] Examples include:

• Not addressing bullying, harassment, or health and safety issues you've raised
• Withdrawing work or not giving you work you'd normally receive
• Demoting you to a lower-paid position
• Suspending you without pay unlawfully
• Transferring you to another location without consultation
• Giving you an unjustified warning

How to Raise a Personal Grievance

Step 1: Raise It Clearly With Your Employer

The first step is to raise your grievance with your employer in a way that makes it absolutely clear you're raising a formal grievance and explains the reasons why.^[1] It's best to do this in writing – email, letter, or formal notice – so there's a clear record.

You need to provide enough detail about the problem so your employer can properly respond to your issues. If you don't raise the grievance clearly enough or with sufficient detail, you may not be able to take legal action later.

Step 2: Meet the 90-Day Deadline

This is critical: you must raise a personal grievance with your employer within 90 days of the issue arising or coming to your attention, whichever is later.^[1] For example, if you were dismissed, you'd have 90 days from the end of your employment to raise a grievance for unjustified dismissal.

Missing this deadline can be fatal to your claim. However, if your employer agrees, you can raise a grievance after 90 days. If they don't agree, you can ask the ERA to decide if exceptional circumstances apply – such as:

• Your representative failed to raise the grievance in time
• You were unable to raise it due to health issues caused by the problem
• Your employment agreement didn't explain the grievance process or the 90-day deadline
• Your employer failed to provide a reason for dismissal when asked

Step 3: File With the Employment Relations Authority (If Needed)

If your employer doesn't resolve the issue, you can file a claim with the ERA. You have 3 years from when you first raised the grievance with your employer to lodge a claim with the ERA.^[1]

You can contact the Employment Relations Authority to begin the formal process. They'll guide you through the next steps.

Personal Grievance Remedies: What You Might Receive

If your personal grievance is upheld, you could receive various remedies, including:

• Lost wages – typically covering 3 to 6 months of lost income if you were dismissed
• Compensation for hurt and humiliation – for the emotional impact of unfair treatment
• Reinstatement – being returned to your job (though this isn't always practical)
• Reimbursement of costs – such as legal fees or costs incurred due to the grievance

Note: Recent legislative changes being introduced in 2026 may affect remedies in certain situations, particularly for employees earning over $200,000 per annum or where serious misconduct is involved.

Important 2026 Employment Law Changes

New Zealand employment law is evolving. Several significant changes are being introduced through the Employment Relations Amendment Bill, which may affect personal grievances:

High-Income Threshold for Unjustified Dismissal

Employees earning a base salary of $200,000 or more per annum will be unable to bring personal grievance claims for unjustified dismissal, unless they opt out of this provision by written agreement with their employer.^[2][3] This threshold is based on total remuneration, including bonuses, one-off payments, and employee share schemes. The first annual adjustment to this threshold is scheduled for 1 July 2027.

Changes to Personal Grievance Remedies

If these legislative changes pass, remedies for personal grievances may be reformed, particularly where:

• An employee is dismissed for serious misconduct – no remedies would be available^[3]
• An employee is dismissed for lesser misconduct – remedies could be reduced by up to 100% (previously 50%)^[3]
• An employee has contributed to their personal grievance – compensation for hurt and humiliation, and reinstatement options, may not be available^[3]

These changes remain under consideration and may be subject to further refinement as they progress through Parliament.

Can a Third Party Be Added to Your Claim?

In some cases, a controlling third party (such as a manager, supervisor, or other person) can be added to your personal grievance claim if their behaviour or actions contributed to the problem.^[1] This might include bullying, harassment, or discrimination. Both your employer and the controlling third party could be responsible for providing remedies or compensation.

Frequently Asked Questions

What's the difference between a personal grievance and a complaint?

A complaint is an informal way of raising an issue with your employer. A personal grievance is a formal legal action under the Employment Relations Act 2000. Personal grievances have strict timeframes and can result in binding legal remedies if successful.

Do I need a lawyer to raise a personal grievance?

You don't legally need a lawyer, but it's often helpful to get professional advice, especially given the complexity of employment law and the strict timeframes involved. Many community law centres offer free or low-cost advice.

What happens if my employer retaliates after I raise a grievance?

Your employer is not allowed to treat you adversely because you've raised a personal grievance. If they do, this could itself be grounds for another personal grievance claim.

Can I raise a personal grievance after I've left my job?

Yes. You have 90 days from the end of your employment to raise a grievance for unjustified dismissal or other issues that occurred during your employment.^[1] You have up to 3 years to file a claim with the ERA after raising the grievance with your employer.

What if my employer doesn't respond to my grievance?

If your employer doesn't respond or resolve the issue, you can proceed to file a claim with the Employment Relations Authority. Keep records of your original grievance communication and any responses (or lack thereof).

Are there time limits for the ERA to make a decision?

While the ERA aims to resolve cases efficiently, there's no fixed timeframe. Complex cases can take several months to resolve. Having clear documentation of your grievance and evidence will help speed up the process.

Next Steps

If you believe you have grounds for a personal grievance, here's what you should do:

1. Document everything – keep records of emails, messages, incidents, and dates
2. Raise the grievance in writing – send a clear, detailed letter or email to your employer explaining your grievance and the reasons
3. Keep the 90-day deadline in mind – act quickly to avoid losing your right to claim
4. Seek professional advice – contact a lawyer, your union, or a community law centre for guidance
5. Consider mediation – if your employer agrees, this can be a faster way to resolve the issue
6. File with the ERA if needed – if informal resolution doesn't work, lodge a claim with the Employment Relations Authority

Employment law can be complex, and the rules are changing. If you're facing workplace issues, don't delay – seek advice early to protect your rights and ensure you meet all legal deadlines.

Sources & References

1. Personal Grievances – Employment New Zealand — employment.govt.nz
2. Significant Changes in New Zealand Employment Law Landscape – Buddle Findlay — buddlefindlay.com
3. An Update on Key Employment Law Changes in 2026 – Humankind — humankind.nz
4. What 2026 Holds for Employment Law – Lane Neave — laneneave.co.nz
5. Employment Relations Act 2000 – New Zealand Legislation — legislation.govt.nz