Facing personal grievances can be daunting, yet understanding the process, considering resolution options, and being prepared to defend a claim are crucial for a measured response. Empowering yourself with knowledge is key!

Defining a Personal Grievance:

A personal grievance is a legal claim employees can raise against employers for various reasons, including dismissals, warnings, bullying, harassment, and breaches of the Employment Relations Act 2000. Common grievances involve unjustified dismissal, which includes constructive dismissals, and unjustified disadvantages affecting employment conditions.

Employees generally have 90 days to raise a personal grievance from the incident or notice date. This timeframe may extend in certain situations, emphasizing the importance of timely responses.

Responding to a Personal Grievance:

Responding promptly to a personal grievance is essential. Delays can exacerbate issues, breach good faith, and contractual obligations. Whether the employment relationship is ongoing or terminated influences the urgency of the response. Be cautious about admitting liability or issuing blanket denials, seeking professional advice before responding is crucial.

Professional Advice and Early Resolution:

Seeking professional advice promptly is crucial to protect the business, identify legal risks, and ensure a strategic response. Many personal grievances can be resolved early through negotiations, especially when both parties are open to settlement. Mediation, facilitated by government agencies or private mediators, is a common next step. Despite the Employment Relations Authority’s intention to provide an efficient forum, its complexities often catch unprepared employers, leading to unexpected costs.

Navigating the Authority:

If a dispute persists, the employee files a Statement of Problem at the Employment Relations Authority, and the employer responds with a Statement in Reply. While most disputes are resolved through negotiation or mediation, employers must be cautious about navigating the Authority independently, as missteps can lead to unforeseen costs.

Facing a personal grievance? Our experienced team offers expert, efficient, and pragmatic advice and support. Feel free to reach out for assistance.