Raising a personal grievance
- An employee (let's call him Harry) has 90 days from the date of the grievance, to raise a personal grievance
- The date of the grievance could be the date of an incident, or Harry's last day at work, or the last day of notice
- The date of the grievance might be the day Harry discovered he had a grievance (for example Harry was made redundant two months ago but his 90 days will run from the date he found out his ex-employer has employed someone in his role)
- Harry must provide enough details when raising his grievance. It is not enough for him to say he considers that he has a personal grievance, even if he specifies the type of personal grievance as unjustified disadvantage or unjustified dismissal. Harry should make it clear that he has commenced a grievance process and that legal consequences might follow. He must set out a summary of the facts he relies on and how he wants the grievance resolved.
- The personal grievance has to be received by the employer within 90 days, not the Mediation Service or the Employment Relations Authority.
- If you raise your grievance outside the 90 days you need the employer's consent (rarely granted) to raise your grievance out of time. Or you need to spend additional legal fees to persuade the Employment Relations Authority to allow you to raise your grievance out of time.
- If your employment agreement does not contain a clause advising you that you must raise a grievance within 90 days, the Authority is more likely to allow you to raise your grievance out of time.
If you need advice on raising a personal grievance, or if you are an employer who has received a personal grievance, call Workplace Law on (027) 270 1057.