A personal grievance is a legal claim an employee can bring against their employer for certain types of unfair treatment. The grounds are set out in the Employment Relations Act 2000 and other legislation.
Under section 103(1) of the Employment Relations Act 2000, you may bring a personal grievance if you claim that:
All employees can bring a personal grievance — whether employed full-time, part-time, on an ongoing, temporary, casual, or fixed-term basis.
Independent contractors working under contracts for services cannot use the personal grievance procedure. They must seek redress through common law or their contract's dispute resolution procedures. If you are unsure whether you are an employee or a contractor, get advice — the label in your contract is not always determinative.
Yes. Under section 122 of the Employment Relations Act 2000, the Employment Relations Authority (ERA) and the Employment Court have the power to decide that a personal grievance is of a type other than that alleged by the claimant.
This means if you bring a grievance for one type of claim and the facts support a different type, the Employment Relations Authority (ERA) or Employment Court can find in your favour on the correct ground.
In Spotless Facility Services NZ Limited v MacKay [2017] NZEmpC 15, an employee alleged constructive dismissal. The Employment Court rejected that claim but used its discretion under section 122 of the Employment Relations Act 2000 to find unjustified disadvantage instead — the employer had not investigated the employee's complaint in a timely manner.
Spotless Facility Services NZ Limited v MacKay [2017] NZEmpC 15
Personal grievances can also be invoked under other legislation:
If your grievance involves discrimination, sexual harassment, or racial harassment, you have a choice: pursue a personal grievance under the Employment Relations Act 2000, or make a complaint under the Human Rights Act 1993.
Under section 112 of the Employment Relations Act 2000, once you start one procedure, you cannot switch to the other. This is an important decision that should be made with advice.
Employment Relations Authority (ERA): Faster process, familiar with employment context, can award reimbursement and compensation, may order reinstatement.
Human Rights Review Tribunal: Can award higher damages in some cases, may be appropriate where discrimination is the central issue rather than employment relationship breakdown.
A personal grievance must be raised with your employer within ninety (90) days of the action complained of (with some limited exceptions).
Your employment agreement must contain a plain language explanation of this requirement (sections 54 and 65 of the Employment Relations Act 2000).
Under the Employment Relations Amendment Bill 2025 (Government Bill 175—2), the proposed changes may affect personal grievance rights, particularly for small businesses. If you believe you have a personal grievance, seek advice promptly about your options.
If you believe your employer has treated you unfairly, understanding your grounds for a personal grievance is the first step. The law provides strong protections — but you must act within ninety (90) days.
Working for Workers advocates and representatives have the skills and expertise to help you identify the right grounds for your grievance and guide you through the process.
Please contact us today to discuss your situation.
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