Personal Grievances: The Ninety (90) Day Time Limit Personal Grievance New Zealand (NZ)

Personal Grievances: 90 Day Time Limit NZ | Working for Workers

What is the ninety (90) day time limit?

Under section 114 of the Employment Relations Act 2000, you must raise a personal grievance with your employer within ninety (90) days of the action (or the last action) that gives rise to the grievance.

This means:

For unjustified dismissal — ninety (90) days from the date of dismissal
For unjustified disadvantage — ninety (90) days from when the disadvantage occurred (or the last disadvantage if ongoing)
For discrimination, harassment, or other grievances — ninety (90) days from the relevant action

⚠️ This is a strict time limit

If you miss the ninety (90) day deadline, you will need to apply for leave to raise the grievance late — and this is not guaranteed to be granted.

When does the ninety (90) days start?

For dismissal, the ninety (90) days generally starts from the effective date of termination — not from when you received notice.

For ongoing disadvantage, each new instance may restart the clock for that particular action. However, relying on this is risky — it is best to raise your grievance as soon as possible.

What if my employer disputes the date?

Sometimes there is disagreement about when a dismissal or other action occurred. For example:

Was the employment terminated on the date of the letter or the end of the notice period?
When did a unilateral change to conditions actually take effect?
Was there one action or a series of actions?

✓ Be safe: Use the earliest possible date

If there is genuine uncertainty, raise your grievance within ninety (90) days of the earliest possible date to be safe. Do not wait until day eighty-nine (89). Raise your grievance as soon as you know you have one. Delays only create risk and stress.

What if I miss the deadline?

If you miss the ninety (90) day deadline, you must apply to the Employment Relations Authority (ERA) for leave to raise the grievance late. The Employment Relations Authority (ERA) will consider:

The reasons for the delay
How late the grievance is
Whether the employer has been prejudiced by the delay
The merits of the underlying grievance

Leave is not automatic and may be refused. The longer the delay and the weaker your explanation, the less likely you are to succeed.

What are acceptable reasons for delay?

Reasons that may support an application for leave include:

Not knowing about the time limit
Illness or personal crisis preventing you from acting
Waiting for information you reasonably needed
Ongoing settlement discussions that broke down
Confusion about when the grievance arose

⚠️ Weak excuses will not work

Simply forgetting, being busy, or hoping the situation would resolve itself are unlikely to be sufficient. The Employment Relations Authority (ERA) expects employees to act promptly to protect their rights.

You do not need to file with the Employment Relations Authority (ERA) within ninety (90) days

An important distinction: You do not need to file with the Employment Relations Authority (ERA) within ninety (90) days — you just need to notify your employer.

There is no strict time limit for filing with the Employment Relations Authority (ERA) after raising the grievance with your employer, but unreasonable delay may prejudice your case.

What happens after I raise the grievance?

After raising your grievance:

Your employer should respond (though many do not meaningfully engage)
You may attempt to resolve the matter directly
Either party can request mediation through the Ministry of Business, Innovation and Employment (MBIE)
If unresolved, you can file with the Employment Relations Authority (ERA)

🚨 Proposed changes may reduce your remedies

Under the Employment Relations Amendment Bill 2025 (Government Bill 175—2), the proposed changes do not alter the ninety (90) day time limit, but they could reduce your remedies or remove them entirely depending on your conduct. Meeting the time limit ensures you preserve your options — but getting advice quickly is more important than ever to understand what remedies you may actually receive.

Key Points to Remember

Ninety (90) days — strict deadline to raise grievance with employer
Starts from the action — usually the date of dismissal or disadvantage
Raise it, do not file it — notify employer, not the Employment Relations Authority (ERA)
Late applications are risky — leave may be refused
Act early — do not wait until day eighty-nine (89)
Get advice now — proposed changes make early advice critical

The ninety (90) day time limit is one of the most important deadlines in employment law. Miss it and you may lose your right to pursue a claim entirely — no matter how strong your case.

You are not alone.

Working for Workers advocates and representatives can help you raise your grievance correctly and within time — or assist with an application for leave if you have missed the deadline.

Please contact us today to discuss your situation.

Working for Workers can help if you:

Need to raise a personal grievance before the deadline
Have missed the ninety (90) day deadline and need to apply for leave
Are unsure when your grievance arose
Want help drafting your grievance notification
Need urgent advice about your time limit

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PERSONAL GRIEVANCES: THE NINETY (90) DAY TIME LIMIT