Have you been treated unfairly at work?

Personal grievance help in New Zealand

At Employment Matters Sorted, we help employees understand their rights and determine whether they may have a personal grievance under New Zealand employment law.

Not every workplace issue will amount to a personal grievance, but many employees are surprised to learn that they have stronger rights than they realise.

If something does not feel right at work, it is worth getting advice before the issue becomes harder to fix.

What is a personal grievance?

A personal grievance is a legal claim raised by an employee who believes they have been treated unfairly by their employer.

Some of the most common personal grievances include:

• Unjustified dismissal.
• Unjustified disadvantage.
• Workplace bullying.
• Discrimination.
• Sexual harassment.
• Racial harassment.
• Adverse treatment during disciplinary or performance processes.

Unjustified dismissal

An unjustified dismissal occurs when an employer terminates an employee's employment without following a fair and reasonable process or without having sufficient justification for doing so.

Examples may include:

• Dismissal without proper investigation.
• Predetermined outcomes.
• Failure to consider the employee's explanation.
• Procedural unfairness.
• Unreasonable performance management processes.
• Unfair restructures and redundancies.
• Constructive dismissal.

Even where an employer believes it has a valid reason to dismiss, it must still follow a fair process.

Unjustified disadvantage

An unjustified disadvantage occurs when an employer's actions negatively affect an employee's employment, even if employment is not terminated.

Examples include:

• Unfair warnings.
• Unreasonable performance improvement plans.
• Bullying by managers.
• Failure to investigate complaints.
• Unreasonable changes to duties.
• Unfair treatment compared to other employees.
• Failure to provide a safe workplace.

In many cases, employees suffer significant stress and financial harm long before dismissal occurs.

The importance of acting quickly

In most cases, personal grievances must be raised within 90 days of the action or event giving rise to the grievance.

Many employees delay seeking advice because they hope the situation will improve. Unfortunately, waiting too long can significantly affect your legal options.

If you believe you have been treated unfairly, it is important to obtain advice as early as possible.

What remedies are available?

Depending on the circumstances, employees may be entitled to:

• Compensation for hurt and humiliation.
• Reimbursement of lost wages.
• Contributions towards legal costs.
• Removal of warnings from employment records.
• Reinstatement to employment.
• Agreed exits and settlement packages.
• Record of Settlement agreements.

Every case is different, and outcomes depend on the specific facts and evidence available.

Our approach

At Employment Matters Sorted, we understand that workplace disputes are not just legal problems. They are personal problems that affect livelihoods, confidence, mental wellbeing, and family life.

We take a practical and strategic approach to resolving disputes.

• Sometimes that means robustly challenging an employer's actions.
• Sometimes it means negotiating an exit package that allows both parties to move forward.
• Sometimes it simply means helping a client understand their rights and options before making an important decision.

Our goal is to help you achieve the best possible outcome while minimising stress, uncertainty, and cost wherever possible.

Not sure if you have a case?

Many clients contact us because they are unsure whether what has happened is “serious enough” to justify seeking advice.

The reality is that a short conversation can often identify issues that employees did not realise were legally significant.

If something does not feel right, it is worth getting advice.

Contact Employment Matters Sorted today

If you have been dismissed, disciplined, bullied, disadvantaged, or treated unfairly at work, contact Employment Matters Sorted for a confidential discussion about your options.

You do not have to navigate workplace issues alone.