Personal Grievances and Complaints

The first response to a grievance claim is rarely the last. Once the grievance has been raised, you need to obtain legal advice, assess your chances of winning and losing, the legal costs involved and the money you might have to pay the claimant should you lose.

Personal grievances include unjustifiable dismissal, other actions that are unjustifiable and disadvantage an employee, sexual and racial harassment, discrimination on the various grounds such as age, race, sexual orientation, marital status, and religious status and threats to disadvantage an employee because they have raised a personal grievance. Complaints include parental leave complaints and complaints to the Human Rights Commission.

When responding to personal grievance claims you could become involved in discussions with the claimant’s lawyer, mediation that is either private or provided by the Employment Relations Service of the Ministry of Business Innovation and Employment, an investigation by the Employment Relations Authority and a hearing before the Employment Court. Claims under the Human Rights Act are dealt with by the institutions established under that Act. Most cases are resolved without the need for an investigation by the Authority and a hearing before the Employment Court.

How we can help

We will assist you in managing the claim by

• advising you about the law, the processes and the possible outcomes;
• representing you in discussions with the claimant’s lawyer;
• speaking on your behalf at mediation;
• preparing your evidence for an investigation by the Authority and the Court;
• representing you at the Authority and the Court

If you would like our help, this is the information we will need

• A dateline of events.
• A description of the issues for you.
• Any witness statements you have obtained.
• The claimant’s employment agreement and job description.
• Letters, emails, and other relevant documents on the issues.
• Wage time and leave records.
• Your contact details.