If you believe you’ve been unfairly dismissed or disadvantaged at work, acting quickly is essential. Under New Zealand employment law, employees must raise a personal grievance within 90 days of the issue occurring or from when they became aware of it. Missing this deadline can make it difficult—if not impossible—to seek legal recourse.

Understanding the 90-Day Rule

Personal grievances, such as claims for unjustified dismissal or workplace disadvantage, must be formally raised within the statutory 90-day period. If you do not meet this deadline, you will need your employer’s explicit consent to raise the claim late. If the employer refuses, you can apply to the Employment Relations Authority (ERA) for an extension, but only under exceptional circumstances.

When Can a Late Personal Grievance Be Accepted?

The ERA may allow a grievance to proceed outside the 90-day window if:

• You had a reasonable excuse for the delay, such as serious medical issues or personal hardship.
• You instructed an agent (such as a lawyer or advocate) to file the grievance, but they failed to do so.
• Your employment agreement lacked a dispute resolution process, which is a legal requirement.
• Your employer did not provide written reasons for your dismissal, preventing you from raising the grievance in time.

Recent ERA Case Highlights the Importance of Acting Promptly

In a recent ERA ruling, an employee claimed they had been constructively dismissed but waited over a year to raise a grievance. The ERA found:

• The employee had no valid excuse for the delay.
• They had not informally raised concerns during their employment.
• The employer’s operations had significantly changed in the year since, making it difficult to defend the claim.

Because of these factors, the ERA refused to allow the grievance to proceed, highlighting the importance of timely action in employment disputes.

What Employees Should Do

If you believe you have a personal grievance:

1. Raise it clearly with your employer within 90 days, either in writing (via email or letter) or verbally.
2. Keep a record of any conversations or correspondence related to the grievance.
3. If you experience delays, document the reasons and seek the employer’s formal consent to raise the claim late.

What Employers Should Do

• Maintain accurate employment records and document key interactions with employees.
• Respond promptly to grievances and seek legal advice to ensure compliance with employment laws.
• If an employee raises a grievance after the 90-day period, assess whether there are legitimate grounds to accept or deny the late claim.

Get Legal Advice Early

If you’re facing a workplace dispute, seeking legal advice early can help you understand your options and avoid losing your right to take action.

At Core Legal in Masterton and Wellington, our experienced employment law team can guide you through the process, ensuring you meet deadlines and protect your rights. Contact us today for expert advice.