How do I Avoid or Manage Personal Grievances?

Assess your Workplace Systems and Climate

What is a Personal Grievance?

The Employment Relations Act 2000 gives all employees the right to pursue a personal grievance if they think they have been:

Employees must raise their personal grievance with the employer within 90 days of the action complained of, or the date they became aware of it.

How do I Prevent Personal Grievances?

Prevention is better than cure! Make sure you:

How do I Resolve Personal Grievances?

What Happens if the Grievance cannot be Resolved by the Employer?

If the problem cannot be resolved between the employer and employee, then either party may take their case to the Employment Relations Authority.

In circumstances surrounding discrimination and sexual/racial harassment, as defined in the Human Rights Act 1993, a complaint may be made to the Human Rights Commission. (In such instances the complainant must choose one avenue of procedure, not both.)

Remedies for Personal Grievance

An employee with a grievance claim may ask the employer for any remedy the employee thinks appropriate. If the grievance goes to the Employment Relations Authority, the following types of remedy can be asked for:

3 Year Limitation

Employees may not start a personal grievance action in the Employment Relations Authority or the Employment Court more than 3 years after they have raised it with the employer.

Going to The Employment Court

Anyone who is unhappy with the Authority?s determination can take the problem to the Employment Court for a full judicial hearing.

When a case needs to be heard by the court, it is strongly recommended that the parties use outside expertise. Neither the application nor the hearing procedures are straightforward.

Unless the party is confident and familiar with the workings of employment agreements, legislation and legal procedures, the use of a lawyer, a union official or other person skilled in advocacy and acquainted with Court procedures should be considered.

NOTE: Parties should contact the Court only when about to apply or to check the progress of a case.

Get in Touch with Jump

If you need help, or you answered no or unsure to any of the questions in the assessment tool, then Jump Business Solutions can help you. Phone us on +64 6 754 8987 or +64 27 450 5271 or email info@jump4biz.com and Jump will come to you, discover your needs, and develop a solution that will create real, long-term and positive change for you and your business.