Checklist Before Raising a Personal Grievance

A personal grievance is a formal complaint you can make against your employer for specific types of workplace problems. Under New Zealand employment law, you can raise a personal grievance for unjustified dismissal, unjustified disadvantage, discrimination, harassment, or duress.

Understanding exactly what constitutes a personal grievance is crucial before you begin. Not every workplace dispute qualifies - the issue must fall within the specific categories defined by the Employment Relations Act 2000. Unjustified dismissal covers situations where you've been fired without proper process or valid reasons. Unjustified disadvantage includes actions that harm you in your employment, such as demotion, reduced hours, or hostile treatment.

Discrimination occurs when you're treated unfairly because of protected characteristics like gender, age, ethnicity, or disability. Harassment involves unwelcome behaviour that creates a hostile work environment, while duress refers to pressure to accept changes to your employment terms. Each type of grievance has specific legal tests and requirements, so it's essential to identify which category your situation falls into before proceeding.

The 90-day deadline for raising a personal grievance is one of the most important aspects to understand. This timeframe generally runs from when the grievance arose or when you first became aware of it. For dismissals, it's usually from your last day of work. For ongoing issues like harassment, it can be more complex to determine the start date.

Missing this deadline can be fatal to your claim, though the Employment Relations Authority has discretion to extend time limits in exceptional circumstances. Factors they consider include whether you were prevented from raising the grievance earlier, whether you were receiving advice, and whether extending the deadline would cause prejudice to your employer.

Don't assume you have the full 90 days to prepare. If you're approaching the deadline, you may need to lodge a basic grievance to preserve your rights, then provide full details later. This is a technical area where legal advice is invaluable, as the consequences of getting it wrong can be severe.

Strong evidence is the foundation of any successful personal grievance. Start by gathering all written communications related to your employment and the issues you're facing. This includes emails, text messages, letters, performance reviews, disciplinary notices, and any other documents that support your case.

Create a chronological timeline of events, noting dates, times, locations, and people involved in each incident. Be as specific as possible - vague recollections won't carry much weight compared to detailed, contemporaneous records. If you haven't been keeping records, start immediately and try to reconstruct events while they're still fresh in your memory.

Witness evidence can be crucial, particularly for incidents that weren't documented at the time. Identify colleagues who witnessed relevant events or who can speak to the workplace culture and your treatment. However, be aware that witnesses may be reluctant to get involved, especially if they're still employed by the same company.

Don't overlook indirect evidence such as your employment file, company policies, training records, or evidence of how similar situations were handled for other employees. This can help establish patterns of behaviour or demonstrate that proper procedures weren't followed in your case.

Many employers have internal grievance or complaint procedures, and you may be expected to use these before raising a formal personal grievance. However, this isn't always required or advisable, depending on your specific circumstances.

Internal processes can be beneficial when relationships haven't completely broken down and there's genuine willingness from management to address issues. They're often faster and less adversarial than formal procedures, and successful resolution can preserve your ongoing employment relationship.

However, internal processes aren't appropriate in all situations. If the complaint involves senior management, if there's a pattern of ignoring complaints, or if the issue is serious harassment or discrimination, internal processes may be ineffective or even harmful. You're not required to use internal processes if doing so would be futile or inappropriate.

If you do decide to use internal processes, document everything carefully. Keep records of when you raised concerns, who you spoke to, what response you received, and any actions taken. This documentation can be valuable if you later need to pursue a formal grievance, as it demonstrates you attempted to resolve matters internally.

Before proceeding with a personal grievance, honestly assess the strength of your case. Consider whether you have sufficient evidence to prove your claims, whether proper procedures were followed by your employer, and whether any actions you took might have contributed to the situation.

Strong cases typically involve clear procedural failures by the employer, well-documented incidents, and evidence that the employer's actions were unjustified or discriminatory. Weaker cases might rely heavily on your word against your employer's, involve situations where you contributed to the problem, or concern matters that fall outside the scope of personal grievance law.

Consider what outcome you're seeking. Are you looking for reinstatement, compensation, an apology, or changes to workplace practices? Different outcomes require different types of evidence and have different prospects of success. Compensation calculations can be complex and depend on various factors including your length of service, salary, and the nature of the grievance.

Be realistic about the time, cost, and emotional toll of pursuing a grievance. Even successful cases can take months or years to resolve and can be stressful and expensive. Consider whether the likely outcome justifies the investment of time and resources required.

Raising a personal grievance inevitably affects workplace relationships, and you need to consider how to manage this impact. If you're still employed, you'll need to continue working while your grievance is being processed, which can create tension and awkwardness.

Maintain professionalism throughout the process, even if you feel angry or frustrated. Avoid discussing your grievance with colleagues unnecessarily, as this can complicate matters and potentially harm your case. Focus on doing your job well and following all workplace policies and procedures.

Be aware that some employers may respond poorly to grievances, despite legal protections against retaliation. Document any changes in how you're treated after raising concerns, as this could constitute additional grounds for complaint. However, don't assume every negative interaction is retaliation - maintain objectivity and focus on facts rather than perceptions.

Consider the long-term impact on your career and relationships. Even if you're successful, returning to work after a grievance can be challenging. Think about whether you want to continue working for the employer long-term or whether the grievance is part of planning your exit from the organisation.

While you can represent yourself in a personal grievance, legal representation significantly improves your chances of success. The question isn't whether to get legal help, but when to engage a lawyer and how to choose the right one.

Consider getting legal advice early in the process, ideally before raising your grievance. A lawyer can help you assess the strength of your case, ensure you meet all deadlines, and advise on strategy. Early legal input can prevent costly mistakes and help you gather the right evidence from the start.

Look for lawyers who specialise in employment law and have experience with cases similar to yours. Consider their approach - some lawyers are more collaborative and settlement-focused, while others are more aggressive and litigation-oriented. Choose someone whose style matches your preferences and circumstances.

Understand the cost implications of legal representation. Many employment lawyers work on a fixed-fee basis for straightforward matters, while complex cases might require hourly billing. Discuss costs upfront and consider whether you have legal expenses insurance that might cover some costs.

Remember that getting a lawyer doesn't mean you're committed to an adversarial approach. Good employment lawyers often help resolve matters through negotiation and mediation, avoiding the need for formal proceedings.

Your formal grievance statement is a crucial document that sets out your case. It needs to be clear, factual, and comprehensive while staying focused on the key issues. Start by clearly identifying what type of grievance you're raising and providing a chronological account of relevant events.

Be specific about dates, times, people involved, and exactly what happened. Avoid emotional language or personal attacks - stick to facts and focus on how your employer's actions affected you professionally. Reference relevant policies, procedures, or legal requirements that weren't followed.

Clearly state what outcome you're seeking, whether that's reinstatement, compensation, changes to workplace practices, or something else. Be realistic in your expectations and ensure your requested remedies are appropriate to the nature of your grievance.

Include references to supporting evidence but don't overwhelm the reader with excessive detail. Your grievance statement should tell a clear story that someone unfamiliar with the situation can understand. Consider having someone else review it before submission to ensure it's clear and compelling.

Before formally lodging your grievance, take time for final preparation and review. Double-check that you have all necessary evidence organised and accessible. Ensure you understand the process that will follow once you lodge your grievance, including potential mediation and what happens if mediation fails.

Consider your personal readiness for the process ahead. Personal grievances can be emotionally draining and time-consuming. Ensure you have adequate support systems in place, whether that's family, friends, or professional counselling if needed.

Review your financial situation and consider how the grievance process might affect your income, especially if you're no longer employed. Think about whether you need to look for alternative employment while your grievance is being processed.

Finally, make sure you're lodging your grievance for the right reasons. The process should be about addressing genuine workplace injustices, not personal vendettas or minor disagreements. If you're proceeding, do so with realistic expectations and a clear understanding of what you hope to achieve.