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. An employee may have a personal grievance where: • They have been dismissed without good reason, or the dismissal was not carried out properly. • They have been treated unfairly. • Their employment or a condition of their employment has been affected to their disadvantage by an unjustified action of their employer. • They have experienced sexual or racial harassment, or have been discriminated against because of their involvement in a union or other employee organisation, or have suffered duress over membership or non-membership of a union or other employee organisation. • They have been discriminated against in terms of the prohibited grounds of discrimination under the Human Rights Act 1993.
Personal Grievances. If your employment problem is a personal grievance (i.e. unjustified dismissal, unjustifiable disadvantage, discrimination, duress, sexual or racial harassment), then you must raise it within 90 days of the problem actually occurring or coming to your attention for the first time. A personal grievance can only be raised outside of this timeframe with the agreement of the employer, or whether the Employment Relations Authority deems there to be exceptional circumstances. You should raise any personal grievance with your Head of Department or Section as above. It is preferable that you put your grievance in writing, but this is not compulsory. You may ask your union or representative to raise the grievance on your behalf.
Personal Grievances grievance is a particular type of employment relationship problem that normally must be raised with the employer within 90 days of the grievance arising. An employee may have a personal grievance where:
Personal Grievances. Employees may feel that they have grounds for raising a personal grievance with the employer (for unjustified dismissal, unjustifiable disadvantage, discrimination, duress, sexual or racial harassment). If this is the case, employees need to raise their grievance within 90 days of the action occurring or the grievance coming to their notice. If the grievance is not raised to the employer’s attention within this timeframe the employee’s claim may be out of time. If the employee’s grievance is raised out of time, the employer can choose to accept the later grievance or to reject it. If the employer chooses to reject it, the employee can ask the ERA to grant leave to raise the grievance out of time. The employee’s grievance needs to be raised with the employer so that the employer knows what it is about and can try to work to resolve it. The employee can verbally advise the employer or put the grievance in writing. The employee’s APEX delegate or organiser can help with this process. Once the employer knows of the employee’s grievance, the employer is able to respond to the expressed concerns.
Personal Grievances. If the problem is a personal grievance, then the Employee must raise it within 90 days of when the facts that give rise to the grievance occur or come to their attention. A personal grievance can only be raised outside this time frame with the agreement of the Employer or in exceptional circumstances.
Personal Grievances. 11.6.1 Where the principal wishes to raise a personal grievance with the board the provisions of sections 102 to 128 of the Employment Relations Act 2000 apply. In summary, the principal must raise the grievance with the employer within 90 days. The 90 day period begins on the latter of either:
(a) the date on which the action alleged to amount to a personal grievance occurred;
(b) the date on which the action alleged to amount to a personal grievance came to the principal's attention.
Personal Grievances 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. Employees may feel that they have grounds for raising a personal grievance with the employer (for unjustified dismissal, unjustifiable disadvantage, discrimination, duress, sexual or racial harassment). If thisis the case, employees need to raise their grievance within 90 days of the action occurring or the grievance coming to their notice. This period of time increases to 12 months for grievances of sexual harassment. If the grievance is not raised to the employer’s attention within this timeframe the employee’s claim may be out of time. If the employee’s grievance is raised out of time, the employer can chooseto accept the later grievance or to reject it. If the employer chooses to reject it, the employee can ask the ERA to grant leave to raise the grievance out of time. The employee’s grievance needs to be raised with the employer so that the employer knows what it is about and can try to work to resolve it. Theemployee can verbally advise the employer or put the grievance in writing. The employee’s PSA delegate or organiser can help with this process. Once the employer knows of the employee’s grievance, the employer is able to respond to the expressed concerns. Employer acknowledges being notified of the problem. To appeal 90-day time limit. Employer & employee meet to attempt to resolve the problem. Problem not resolved. Matter referred to: Mediation Service (Ministry of Business Innovation & Employment). This is a free service. We may choose to ask the Mediator to make a binding decision.
Personal Grievances. 10.4.1 Under the Employment Relations Act 2000, you may have a personal grievance if you have been: • Unjustifiably dismissed • Disadvantaged • Discriminated against • Sexually harassed • Racially harassed • Put under duress because of your involvement or non involvement in union activities
10.4.2 You have 90 days to raise a grievance from the time the event, which caused the grievance, occurred.
10.4.3 In exceptional circumstances you may have longer than 90 days to put a grievance to your employer.
10.4.4 You can approach your union delegate or organiser for advice, assistance and/or support if you believe you have a personal grievance.
Personal Grievances. If the employee considers that there are grounds for raising a personal grievance (for unjustified dismissal, unjustifiable disadvantage, discrimination, duress, sexual or racial harassment), the employee must notify the employer within 90 days of the action occurring or coming to the employee’s notice, otherwise the claim may be out of time. The employee must let the employer know what the grievance is about, by either telling the employer, or putting the grievance in writing, so the employer can respond to the claim. If the grievance is raised out of time, the employer may reject it, in which case the employee can ask the Employment Relations Authority to allow the grievance to be raised out of time but only if there are exceptional circumstances.
