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Personal Grievances

Employees can raise personal grievances if their employer unfairly or unreasonably

disadvantages or dismisses them.

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Personal grievances are commonly raised for warnings, suspensions, dismissal, constructive

dismissal, and discrimination. Employees can also raise grievances for inaction by

employers when issues like bullying or health and safety concerns are not acted on.

 

The process:

- raise personal grievance with employer 

- negotiations

- settlement or commencement of proceedings in the Employment Relations Authority

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Notable personal grievance cases of The Worker’s Advocate:

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Faulls v Gather Supermarket Chain Ltd t/a Italia Square  11 November 2015  [2015] NZERA Auckland 352 

– successfully argued personal grievance for unjustified dismissal

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Hemmingson v Matthew Russell Andrew Swan t/a Barkers Groom Room  28 June 2016  [2016] NZERA Auckland 212 

– successfully argued personal grievance for unjustified constructive dismissal

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