Personal Grievances in New Zealand – How to Raise One and How to Respond
Ron Mckenzie | August 12, 2025
A personal grievance (PG) is a formal process that allows an employee to raise concerns about their treatment at work.
Handled well, it can lead to resolution without damaging relationships.
Handled poorly, it can escalate to the Employment Relations Authority (ERA), resulting in legal costs, reputational harm, and workplace disruption.
This guide outlines how employees can raise a PG, how employers should respond, and common pitfalls to avoid.
What is a Personal Grievance?
Under the Employment Relations Act 2000, a personal grievance can be raised for reasons including:
- Unjustified dismissal – being fired without good reason and/or fair process.
- Unjustified disadvantage – actions by the employer that negatively affect employment conditions.
- Discrimination, harassment, or bullying – including racial, gender-based, or sexual harassment.
- Duress over union membership – being pressured to join or not join a union.
💡 Tip: Employees have the right to be free from retaliation after raising a PG.
How to Raise a Personal Grievance – Employee Steps
1. Act Quickly
You generally have 90 days from when the issue occurred (or from when you became aware of it) to raise a PG, unless an extension is agreed.
2. Put it in Writing
Clearly outline:
- What happened.
- When and where it occurred.
- How it has affected you.
3. Send it to Your Employe
Deliver your PG to your employer directly, clearly marking it as a “Personal Grievance”.
Keep a copy for your records.
Employer’s Role in Responding to a PG
1. Acknowledge Promptly
Confirm receipt in writing and outline the next steps.
2. Seek Legal Advice Early
Understanding obligations at the outset reduces the risk of procedural mistakes.
3. Investigate Fairly
- Give the employee an opportunity to respond.
- Gather and review evidence objectively.
- Maintain confidentiality while ensuring fairness.
4. Consider Mediation
The Ministry of Business, Innovation and Employment (MBIE) offers mediation to help resolve matters without a formal ERA hearing.
Common Pitfalls to Avoid
For employees:
• Missing the 90-day deadline.
• Not providing enough detail in the grievance.
For employers
• Poor communication during the process.
• Skipping mediation and going straight to litigation.
Whether you are raising or responding to a personal grievance, a structured and fair approach is key to resolution. Early legal advice can prevent escalation and protect relationships.
McKenzie Law can guide you through every stage of the personal grievance process — from drafting and submission to negotiation and resolution.
📞 Contact us today for confidential and expert assistance.
