Fill in the [brackets]
Subject: Personal grievance - unjustified dismissal - [Your name]
[Your address] [Date] [Employer name / Director / HR manager] [Address / email] Dear [Name], NOTICE OF PERSONAL GRIEVANCE I am writing to raise a personal grievance against [Company] under the Employment Relations Act 2000. My details I was employed as [role] from [start date] until [end date / the date my employment will end]. The grievance I believe I have been unjustifiably dismissed (section 103(1)(a) of the Act). The test is whether the actions of the employer, and how it acted, were what a fair and reasonable employer could have done in all the circumstances (section 103A). The facts, in brief 1. On [date] I was told [what happened]. 2. [e.g. 'I was given no written proposal and no chance to give feedback before the decision was made.'] 3. [e.g. 'I was not given the information relied on, including the selection criteria and my score.'] 4. [e.g. 'A role substantially the same as mine was advertised on [date].'] 5. [e.g. 'No redeployment options were considered.'] Why I believe this was unjustified [Short explanation of why you think a fair and reasonable employer would have acted differently, linking to the facts above.] What I am asking for I would like to resolve this. I am seeking [reinstatement / compensation for lost wages of [X] weeks / compensation for humiliation, loss of dignity and injury to feelings / a written apology / correction of my records]. I am open to discussing a resolution, including mediation. Please respond in writing by [date, e.g. 14 days]. I also request a written statement of the reasons for my dismissal if I have not already been given one. Yours sincerely, [Your name] [Phone, email]
Tips
- Deadline: you must raise a personal grievance with your employer within 90 days of the dismissal (the day it takes effect) or of when you found out about it, whichever is later. For sexual harassment the limit is 12 months. Use the grievance-deadline tool on this site.
- What it must contain: enough detail for your employer to know what the problem is and to respond, and make it clear you are raising a grievance. It does not need legal language.
- Send it by email AND post or hand delivery if you can. 'Raised' means the employer received it, so keep proof of the date.
- Raising a grievance is not the same as filing at the Employment Relations Authority. After you raise it you generally have 3 years to lodge a claim, and mediation is available first.
- Late? The employer can agree to let you raise it late, or you can ask the Authority to allow it in exceptional circumstances. Do not rely on this.
- Not every redundancy is unjustified. A genuine redundancy with a fair process is lawful. Get a free opinion from Community Law, a union or Employment New Zealand before deciding.
- Ask for mediation: it is free, fast and confidential (0800 20 90 20).
- Sending: email the person named in your employment agreement as well as HR or the director; keep the delivery receipt.
General information, not legal advice. Keep a copy of everything you send. Spotted something out of date? Email help@unemployed.nz.