Common use of Personal Grievance Clause in Contracts

Personal Grievance. Sections 103 to 110 are reproduced below from Part 9 of the Employment Relations Act 2000(external link). 103 Personal grievance For the purposes of this Act, personal grievance means any grievance that an employee may have against the employee's employer or former employer because of a claim— that the employee has been unjustifiably dismissed; or that the employee's employment, or 1 or more conditions of the employee's employment (including any condition that survives termination of the employment), is or are or was (during employment that has since been terminated) affected to the employee's disadvantage by some unjustifiable action by the employer; or that the employee has been discriminated against in the employee's employment; or that the employee has been sexually harassed in the employee's employment; or that the employee has been racially harassed in the employee's employment; or that the employee has been subject to duress in the employee's employment in relation to membership or non-membership of a union or employees organisation. the employee’s employer has failed to comply with a requirement of Part 6A; or that the employee has been disadvantaged by the employee’s employment agreement not being in accordance with section 67C, 67D, 67G, or 67H;or that the employee’s employer has contravened section 67F or 67G(4). that the employee’s employer has, in relation to the employee,— engaged in adverse conduct for a prohibited health and safety reason; or contravened section 92 of the Health and Safety at Work Act 2015 (which prohibits coercion or inducement). For the purposes of this Part, a representative, in relation to an employer and in relation to an alleged personal grievance, means a person— who is employed by that employer; and who either— has authority over the employee alleging the grievance; or is in a position of authority over other employees in the workplace of the employee alleging the grievance. In subsection (1)(b), unjustifiable action by the employer does not include an action deriving solely from the interpretation, application, or operation, or disputed interpretation, application, or operation, of any provision of any employment agreement.

Personal Grievance. Sections 103 to 110 are reproduced below from Part 9 of the Employment Relations Act 2000(external link)2000. 103 Personal grievance For the purposes of this Act, personal grievance means any grievance that an employee may have against the employee's employer or former employer because of a claim— claim- that the employee has been unjustifiably dismissed; or that the employee's employment, or 1 or more conditions of the employee's employment (including any condition that survives termination of the employment), is or are or was (during employment that has since been terminated) affected to the employee's disadvantage by some unjustifiable action by the employer; or that the employee has been discriminated against in the employee's employment; or that the employee has been sexually harassed in the employee's employment; or that the employee has been racially harassed in the employee's employment; or that the employee has been subject to duress in the employee's employment in relation to membership or non-membership of a union or employees organisation. that the employee’s 's employer has failed to comply with a requirement of Part 6A; or that the employee has been disadvantaged by the employee’s 's employment agreement not being in accordance with section 67C, 67D, 67G, or 67H;or 67H; or that the employee’s 's employer has contravened section 67F or 67G(467G(3). ; or that the employee’s 's employer has, in relation to the employee,— employee- engaged in adverse conduct for a prohibited health and safety reasonreasons; or contravened section 92 of the Health and Safety at Work Act Acct 2015 (which prohibits coercion or inducement). For the purposes of this Part, a representative, in relation to an employer and in relation to an alleged personal grievance, means a person— person- who is employed by that employer; and who either— either- has authority over the employee alleging the grievance; or is in a position of authority over other employees in the workplace of the employee alleging the grievance. In subsection (1)(b), unjustifiable action by the employer does not include an action deriving solely from the interpretation, application, or operation, or disputed interpretation, application, or operation, of any provision of any employment agreement.

Personal Grievance. Sections 103 to 110 are reproduced below from Part 9 of the Employment Relations Act 2000(external link)2000. 103 Personal grievance For the purposes of this Act, personal grievance means any grievance that an employee may have against the employee's employer or former employer because of a claim— claim- that the employee has been unjustifiably dismissed; or that the employee's employment, or 1 or more conditions of the employee's employment (including any condition that survives termination of the employment), is or are or was (during employment that has since been terminated) affected to the employee's disadvantage by some unjustifiable action by the employer; or that the employee has been discriminated against in the employee's employment; or that the employee has been sexually harassed in the employee's employment; or that the employee has been racially harassed in the employee's employment; or that the employee has been subject to duress in the employee's employment in relation to membership or non-non- membership of a union or employees organisation. that the employee’s 's employer has failed to comply with a requirement of Part 6A; or that the employee has been disadvantaged by the employee’s 's employment agreement not being in accordance with section 67C, 67D, 67G, or 67H;or 67H; or that the employee’s 's employer has contravened section 67F or 67G(467G(3). ; or that the employee’s 's employer has, in relation to the employee,— employee- engaged in adverse conduct for a prohibited health and safety reasonreasons; or contravened section 92 of the Health and Safety at Work Act Acct 2015 (which prohibits coercion or inducement). For the purposes of this Part, a representative, in relation to an employer and in relation to an alleged personal grievance, means a person— person- who is employed by that employer; and who either— either- has authority over the employee alleging the grievance; or is in a position of authority over other employees in the workplace of the employee alleging the grievance. In subsection (1)(b), unjustifiable action by the employer does not include an action deriving solely from the interpretation, application, or operation, or disputed interpretation, application, or operation, of any provision of any employment agreement.. 103A Test of justification For the purposes of section 103(1)(a) and (b), the question of whether a dismissal or an action was justifiable must be determined, on an objective basis, by applying the test in subsection (2). The test is whether the employer's actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. In applying the test in subsection (2), the Authority or the court must consider- whether, having regard to the resources available to the employer, the employer sufficiently investigated the allegations against the employee before dismissing or taking action against the employee; and whether the employer raised the concerns that the employer had with the employee before dismissing or taking action against the employee; and whether the employer gave the employee a reasonable opportunity to respond to the employer's concerns before dismissing or taking action against the employee; and whether the employer genuinely considered the employee's explanation (if any) in relation to the allegations against the employee before dismissing or taking action against the employee. In addition to the factors described in subsection (3), the Authority or the court may consider any other factors it thinks appropriate. The Authority or the court must not determine a dismissal or an action to be unjustifiable under this section solely because of defects in the process followed by the employer if the defects were- minor; and did not result in the employee being treated unfairly. 104 Discrimination For the purposes of section 103(1)(c), an employee is discriminated against in that employee's employment if the employee's employer or a representative of that employer, by reason directly or indirectly of any of the prohibited grounds of discrimination specified in section 105, or by reason directly or indirectly of that employee's refusal to do work under section 28A of the Health and Safety in Employment Act 1992, or involvement in the activities of a union in terms of section 107- refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially similar qualifications, experience, or skills employed in the same or substantially similar circumstances; or dismisses that employee or subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be dismissed or subjected to such detriment; or retires that employee, or requires or causes that employee to retire or resign. For the purposes of this section, detriment includes anything that has a detrimental effect on the employee's employment, job performance, or job satisfaction. This section is subject to the exceptions set out in section 106. 105 Prohibited grounds of discrimination for purposes of section 104 The prohibited grounds of discrimination referred to in section 104 are the prohibited grounds of discrimination set out in section 21(1) of the Human Rights Act 1993, namely- sex; marital status; religious belief; ethical belief; colour; race; ethnic or national origins;: disability;