Personal Grievances
Employees can raise personal grievances if their employer unfairly or unreasonably
disadvantages or dismisses them.
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
Notable personal grievance cases of The Worker’s Advocate:
Faulls v Gather Supermarket Chain Ltd t/a Italia Square 11 November 2015 [2015] NZERA Auckland 352
– successfully argued personal grievance for unjustified dismissal
– successfully argued personal grievance for unjustified constructive dismissal