Under section 114(2) of the Employment Relations Act 2000, a personal grievance is raised as soon as you have made, or taken reasonable steps to make, your employer aware that you have a grievance you want them to address.
The Employment Court has summarised the key principles in Chief Executive of Manukau Institute of Technology v Zivaljevic [2019] NZEmpC 132:
In Creedy v Commissioner of Police [2006] NZEmpC 43, the Employment Court said:
"It is not enough for an employee simply to advise an employer that the employee has a personal grievance. The employer must know what it is responding to; it must be given sufficient information to address the grievance."
You must give enough detail for the employer to understand and respond to your complaint. However, perfection is not required.
In Disabilities Resource Centre Trust v Maxwell [2021] NZEmpC 14, a letter simply said the dismissal was "unfair and unjustifiable" and sought remedies under the Employment Relations Act 2000. The Employment Court held this was sufficient:
"While the letter was certainly sparse and certainly not ideal", it satisfied the requirements and invited the employer to respond.
Disabilities Resource Centre Trust v Maxwell [2021] NZEmpC 14
Simply saying "I have a personal grievance" or "I have been unjustifiably disadvantaged and want compensation" will usually be insufficient. In Idea Services Limited (in Statutory Management) v Barker [2012] NZEmpC 112, a letter listing statutory provisions but giving "no indication of the factors that made the dismissal unjustified" was held insufficient. The employer knew the employee took issue with her dismissal but "had no way of knowing why".
Yes. In Pivott v Southern Adult Literacy Incorporated [2012] NZERA 1223, a letter of resignation was sufficient to raise a grievance. Although it did not expressly say "personal grievance", it set out the nature of the problem and what the employee wanted the employer to do.
Yes. In Puhia v Ovation New Zealand Ltd (formerly Bernard Mathews New Zealand Ltd) [2011] NZERA 774, the Employment Relations Authority (ERA) held that a grievance may be raised through a series of interactions. You can rely on your employer's prior knowledge of events to supplement your notification.
In The Board of Trustees of Te Kura Kaupape Motuhake O Tawhiuau v Edmonds [2008] NZEmpC 33, the Employment Court explained:
"Details or uncertainties can be raised and dealt with during the course of discussions... [Getting to the merits] almost invariably includes a discussion or discussions and not simply a formal exchange of correspondence."
The Board of Trustees of Te Kura Kaupape Motuhake O Tawhiuau v Edmonds [2008] NZEmpC 33
No. A grievance for unjustified dismissal cannot be raised in advance of the dismissal. In Creedy v Commissioner of Police [2006] NZEmpC 43, the Employment Court noted that the statutory scheme "does not allow for a known or even anticipated future event, let alone a speculative future event."
A personal grievance notification should include:
You do not need to include every detail at this stage — the purpose is to put your employer on notice that you have a claim. Keep a copy for yourself and note the date you sent it.
Under the Employment Relations Amendment Bill 2025 (Government Bill 175—2), the proposed changes may affect personal grievance procedures. If you believe you have a personal grievance, seek advice promptly about how to raise it properly.
Raising a personal grievance does not require formal language, but you must give your employer enough information to understand and respond to your complaint. Getting it right matters.
Working for Workers advocates and representatives can help you draft your grievance notification and ensure you meet the requirements — or review communications you have already sent to see if you have already raised a grievance.
Please contact us today to discuss your situation.
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