Employment Relations Act 2000 — Sections 103–111
Personal grievance in New Zealand — employee rights and employer obligations
A personal grievance is a formal complaint by an employee about how they have been treated. Understanding the process protects both employees and employers.
📋 Employment Relations Act 2000, Sections 103–111 — 90-day time limit
What is a personal grievance?
A formal complaint about a breach of employment rights
A personal grievance is a complaint by an employee that their employer has breached the Employment Relations Act or their employment agreement. The main types are:
- Unjustified dismissal — dismissed without sufficient reason or fair process
- Unjustified disadvantage — treated in a way that disadvantages them without justification
- Discrimination — treated less favourably on a prohibited ground
- Sexual harassment
- Racial harassment
- Duress about union membership
- Constructive dismissal — forced to resign because the employer made the work environment intolerable
90-day time limit
Must be raised within 90 days
An employee must raise a personal grievance with their employer within 90 days of the action they are complaining about (or of becoming aware of it). If the grievance is not raised within 90 days, the employee generally cannot pursue it — unless the ERA grants leave to raise it out of time in exceptional circumstances.
How to raise a personal grievance
Employee must raise it with the employer first
The employee must first raise the grievance with their employer — in writing or verbally. This gives the employer an opportunity to resolve it. If not resolved, either party can apply to the Employment Relations Authority (ERA) for mediation or adjudication.
The ERA process
- Employee raises grievance with employer
- If unresolved: apply to the ERA
- ERA refers to mediation — most cases resolve here (free, confidential)
- If mediation fails: ERA investigation meeting (adjudication)
- ERA issues a determination — binding on both parties
- Either party can appeal to the Employment Court
Remedies available
The ERA can order:
- Reinstatement — first and preferred remedy for unjustified dismissal
- Reimbursement of lost wages — up to 3 months
- Compensation for humiliation, loss of dignity, and injury to feelings — up to $30,000
- Penalties — payable to the ERA, not the employee
- Contribution to costs — usually modest
Source: Employment Relations Act 2000, Sections 103–111. Employment NZ:
employment.govt.nz. This is general information, not legal advice.
Frequently asked questions
Can an employer raise a personal grievance?
No — only employees can raise personal grievances. Employers can raise disputes about breaches of employment agreements, but the personal grievance mechanism is exclusively for employees.
Can an ex-employee raise a personal grievance after they've left?
Yes — as long as it is raised within 90 days of the act complained of, or within 90 days of leaving, whichever is later. An employee who was dismissed can raise a grievance about the dismissal.
What is constructive dismissal?
A constructive dismissal is where the employer's conduct is so unreasonable that the employee has no choice but to resign. The employer's behaviour is treated as equivalent to a dismissal — and the employee can bring a personal grievance even though they technically resigned.
Can we make an employee sign a settlement to prevent a personal grievance?
Settlement agreements resolving employment disputes are allowed and are common. However, they must be made through the employment mediation service or with independent legal advice — a settlement signed without proper process may not be enforceable.