What is a Personal Grievance?
In New Zealand, a personal grievance is a formal complaint raised by an employee when they believe they’ve been treated unfairly. Common grounds for a grievance include:
- Unjustified dismissal
- Discrimination based on race, gender, disability, or another protected characteristic
- Harassment, including sexual harassment
- Unfair treatment related to workplace policies, contract terms, or redundancy
Employees have 90 days to raise a personal grievance under the Employment Relations Act 2000.
Steps to Handle a Personal Grievance
1. Acknowledge the Grievance
Recognise and acknowledge the issue as soon as possible. Let the employee know their concern is being taken seriously.
2. Understand the Complaint
Determine whether the grievance relates to unfair dismissal, discrimination, or another issue. Reviewing employment agreements and workplace policies is a key first step.
3. Gather Information
Conduct an internal investigation, interview relevant parties, and review any supporting documents or communications.
4. Meet with the Employee
Arrange a formal discussion with the employee to hear their perspective and clarify any details. Maintain an open and neutral approach.
5. Explore Solutions
Consider fair and reasonable resolutions. These may include an apology, policy changes, compensation, or reinstatement.
6. Take Action
Once a resolution is determined, implement it promptly to prevent further escalation.
7. Follow Up
Check in with the employee to ensure the matter has been fully resolved and that no further concerns remain.
Avoid Common Mistakes
- Delaying Action: The longer a grievance remains unresolved, the more likely it is to escalate.
- Lack of Documentation: Keep detailed records of all communications, meetings, and actions taken to provide evidence if needed.
Conclusion
Handling personal grievances in a structured and fair manner not only ensures legal compliance but also fosters a positive work environment. If in doubt, seeking professional legal advice can help mitigate risks and find a resolution that works for all parties.ured and fair manner not only ensures legal compliance but also fosters a positive work environment. If in doubt, seeking professional legal advice can help mitigate risks and find a resolution that works for all parties.
