Common use of Personal Grievances Clause in Contracts

Personal Grievances. A personal grievance is a particular type of employment relationship problem that normally must be raised with the employer within 90 days of the grievance arising (12 months in the case of a personal grievance in respect of sexual harassment). An employee may have a personal grievance where: • they have been dismissed without good reason, or the dismissal was not carried out properly; or • their employment or a condition of their employment has been affected to their disadvantage by an unjustified action of their employer; or • they have been discriminated against in terms of the prohibited grounds of discrimination under the Human Rights Act 1993 • they have experienced sexual or racial harassment in their employment; • they have been treated adversely in the employee’s employment on the ground that the employee is, or is suspected or assumed or believed to be, a person affected by family violence; or • they have been subject to duress in the employee’s employment in relation to membership or non-membership of a union or employees organisation; or • their employer has failed to comply with a requirement of Part 6A; or • they have been disadvantaged by the employee’s employment agreement not being in accordance with section 67C, 67D, 67G, or 67H of the Employment Relations Act 200o; or • their employer has contravened section 67F or 67G(3); or • their 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); or • their employer has retaliated, or threatened to retaliate, against the employee in breach of section 21 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (because the employee intends to make or has made a protected disclosure).

Personal Grievances. A personal grievance is a particular type of employment relationship problem that normally must be raised with the employer within 90 days of the grievance arising (12 months in the case of a personal grievance in respect of sexual harassment). An employee may have a personal grievance where: • they have been dismissed without good reason, or the dismissal was not carried out properly; or • their employment or a condition of their employment has been affected to their disadvantage by an unjustified action of their employer; or • they have been discriminated against in terms of the prohibited grounds of discrimination under the Human Rights Act 1993 • they have experienced sexual or racial harassment in their employment; • they have been treated adversely in the employee’s employment on the ground that the employee is, or is suspected or assumed or believed to be, a person affected by family violence; or • they have been subject to duress in the employee’s employment in relation to membership or non-membership of a union or employees organisation; or • their employer has failed to comply with a requirement of Part 6A; or • they have been disadvantaged by the employee’s employment agreement not being in accordance with section 67C, 67D, 67G, or 67H of the Employment Relations Act 200o; or • their employer has contravened section 67F or 67G(3); or • their 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); or • their employer has retaliated, or threatened to retaliate, against the employee in breach of section 21 of the Protected Disclosures (Protection of Whistleblowers) Act 2022 (because the employee intends to make or has made a protected disclosure).