When Employment Relationships Break Down: Understanding Personal Grievances

Personal grievances represent some of the most challenging situations in employment relationships. Whether you're an employer facing a claim or an employee whose rights have been affected, understanding the legal framework surrounding personal grievances is essential for protecting your interests.

At Workplace Law, Margaret Robins brings over 30 years of experience providing personal grievance legal advice to both employers and employees throughout Auckland and beyond. HerOur balanced approach combines legal expertise with practical strategies to navigate this challenging terrain for all parties involved.

The Foundations of Personal Grievance Claims

Personal grievances encompass a range of employment issues, including:

• Unjustified dismissal - when an employee is terminated without good cause or proper process
• Unjustified disadvantage - when an employee's employment conditions are negatively impactedaltered without justification
• Constructive dismissal - when an employee is forced to resign due to employer conduct
• Discrimination - based on prohibited grounds such as gender, age, or ethnicity
• Sexual or racial harassment - unwelcome or offensive behaviour
• Duress - pressure related to union membership or activity

For Employers: Responding to Personal Grievances

When your business receives a personal grievance claim, you need strategic advice to:

1. Assess the validity of the claim against employment law requirements
2. Evaluate your position based on documentation and process followed
3. Develop a response strategy that protects your business interests
4. Understand potential liability and options for resolution
5. Create systems to prevent future grievances

Margaret helps employers navigate these challenges with practical, business-focused advice that balances legal compliance with operational realities.

For Employees: Asserting Your Employment Rights

If you believe your employment rights have been violated, you need guidance to:

1. Determine if you have grounds for a personal grievance
2. Understand the 90-day timeframe for raising a grievance
3. Properly document the relevant facts and circumstances
4. Articulate clearly what outcome you're seeking
5. Navigate the process from initial claim through to resolution

Margaret provides employees with clear, straightforward advice about the strength of their case and realistic potential outcomes.

Critical Timeframes for Personal Grievances

Both parties must understand the strict timeframes that apply to personal grievance claims:

• 90-day rule - Employees must raise a personal grievance within 90 days of the incident (or when they became aware of it)
• 12-month timeframe - Sexual harassment claims can be raised within 12 months
• Extension possibilities - The Employment Relations Authority may allow late claims in exceptional circumstances

The Personal Grievance Process: A Two-Sided Perspective

For Employers Receiving a Grievance

When a grievance lands on your desk, you should:

• Acknowledge receipt promptly
• Investigate the claims thoroughly
• Consider whether there are grounds for resolution
• Respond within a reasonable timeframe
• Seek professional advice if unsure about the appropriate response

For Employees Raising a Grievance

When raising a personal grievance, you must:

1. Clearly state you are raising a personal grievance
2. Identify the specific type of grievance (e.g., unjustified dismissal)
3. Provide sufficient details of the relevant facts
4. Indicate how you would like the grievance resolved
5. Ensure the grievance is received by the employer within the 90-day timeframe

Potential Remedies and Outcomes

The Employment Relations Authority can award various remedies, including:

• Reinstatement to the employee's former position
• Reimbursement of lost wages (typically up to three months)
• Compensation for hurt and humiliation (commonly ranging from $105,000 to $5025,000)
• Recovery of lost benefits such as holiday pay or superannuation
• Costs and expenses related to the grievance process

The Value of Early Resolution for Both Parties

Early resolution of personal grievances offers significant benefits to employers and employees:

• Reduced legal costs for both sides
• Minimised stress and emotional impact
• Greater control over the outcome
• Preservation of privacy and professional reputation
• Faster resolution compared to formal proceedings

Employment Relations Authority and Beyond

If a personal grievance cannot be resolved through negotiation or mediation, it may proceed to:

• Employment Relations Authority - for initial investigation and determination
• Employment Court - for appeals or more complex cases
• Court of Appeal - for matters involving significant points of law

Expert Personal Grievance Legal Advice When You Need It Most

Workplace Law has extensive experience guiding both employers and employees through personal grievance situations:

For Employers: Margaret provides strategic advice on responding to grievances while minimising legal risks. She can:

• Assess the validity of claims
• Draft comprehensive responses
• Represent you in mediation or Authority proceedings
• Identify potential settlement options
• Develop strategies to prevent future grievances

For Employees: Margaret evaluates potential grievances and provides strategic advice to:

• Determine if you have grounds for a personal grievance
• Prepare effective grievance letters
• Negotiate for appropriate compensation
• Represent you in mediation or formal proceedings
• Secure the best possible outcome for your situation

Take Action Today

Whether you're an employer facing a personal grievance claim or an employee considering raising one, contact Workplace Law on 027 270 1057 for expert legal advice tailored to your specific circumstances. With Margaret's guidance, you can navigate this challenging process with confidence and clarity.