Free, 24/7, confidential.

Personal grievances: the 90-day deadline and how to raise one

6 minute readYour rights

In short

You must raise a personal grievance with your employer within 90 days of the dismissal (12 months for sexual harassment). Do it in writing, say clearly what happened and why it's a grievance. You then have 3 years to take it to the Employment Relations Authority. Mediation is free.

Tools for this guide

The deadlines

WhatDeadline
Raise grievance with your employer90 days from the issue arising or coming to your notice, whichever is later (e.g. 90 days from the end of employment for dismissal)
Sexual harassment12 months
Lodge in the Employment Relations Authority3 years after first raising it with your employer

What you can raise a grievance about

  • Unjustified dismissal (including a sham redundancy or constructive dismissal)
  • Unjustified disadvantage
  • Discrimination
  • Sexual or racial harassment
  • Duress about union membership
  • Unfair treatment for family violence, whistleblowing, health and safety reasons
  • Restructuring obligations about continuity of employment not met

High-income earners and employees on valid trial periods generally can't raise unjustified dismissal grievances, but can use the other grounds.

How to raise it

  1. Write a letter or email to your employer. Keep a copy and proof of sending.
  2. State what happened, when, and why you believe it was unjustified.
  3. Say what you want: reinstatement, compensation, lost wages, an apology, or a proper process.
  4. Ask for mediation (Employment NZ offers free mediation), or call Employment NZ for help.
  5. Get free advice from Community Law, CAB or a union before sending.

Skeleton wording (adapt to you)

Dear [Name], I am raising a personal grievance for unjustified dismissal. On [date] my employment ended on the grounds of redundancy. I believe the redundancy was not genuine and/or the process was not fair and reasonable because [reasons: e.g. no genuine consultation, decision made before feedback, similar role re-advertised on date]. I am seeking [remedies]. I am also happy to attend mediation. Please respond by [date]. Kind regards, [Name]

What can be awarded

Possible remedies include reinstatement, reimbursement of lost wages, and compensation for hurt and humiliation or lost benefits. If your own behaviour contributed to the situation, reinstatement and hurt-and-humiliation compensation are unavailable and lost wages may be reduced; for serious misconduct no remedies are available. Outcomes vary; take advice.

Sources

General information only. Confirm with the agency for your situation. Spotted something out of date? Email help@unemployed.nz.