Personal Grievances. A personal grievance is a particular type of employment relationship problem that normally must be raised with the employer within 90 days of the grievance arising. An employee may have a personal grievance where: • They have been dismissed without good reason, or the dismissal was not carried out properly. • They have been treated unfairly. • Their employment or a condition of their employment has been affected to their disadvantage by an unjustified action of their employer. • They have experienced sexual or racial harassment, or have been discriminated against because of their involvement in a union or other employee organisation, or have suffered duress over membership or non-membership of a union or other employee organisation. • They have been discriminated against in terms of the prohibited grounds of discrimination under the Human Rights Xxx 0000.
Personal Grievances. If your employment problem is a personal grievance (i.e. unjustified dismissal, unjustifiable disadvantage, discrimination, duress, sexual or racial harassment), then you must raise it within 90 days of the problem actually occurring or coming to your attention for the first time. A personal grievance can only be raised outside of this timeframe with the agreement of the employer, or whether the Employment Relations Authority deems there to be exceptional circumstances. You should raise any personal grievance with your Head of Department or Section as above. It is preferable that you put your grievance in writing, but this is not compulsory. You may ask your union or representative to raise the grievance on your behalf.
Personal Grievances. 12.3.1 A personal grievance is a particular type of employment relationship problem that normally must be raised with the employer within 90 days of the grievance arising.
Personal Grievances. 42.4.1 Employees may feel that they have grounds for raising a personal grievance with the employer (for unjustified dismissal, unjustifiable disadvantage, discrimination, duress, sexual or racial harassment). If this is the case, employees need to raise their grievance within 90 days of the action occurring or the grievance coming to their notice. If the grievance is not raised to the employer’s attention within this timeframe the employee’s claim may be out of time. If the employee’s grievance is raised out of time, the employer can choose to accept the later grievance or to reject it. If the employer chooses to reject it, the employee can ask the ERA to grant leave to raise the grievance out of time. The employee’s grievance needs to be raised with the employer so that the employer knows what it is about and can try to work to resolve it. The employee can verbally advise the employer or put the grievance in writing. The employee’s PSA delegate or organiser can help with this process. Once the employer knows of the employee’s grievance, the employer is able to respond to the expressed concerns. Employment Relationship Problem Resolution Process Employee advises employer of relationship problem within 90 days of the problem arising. Your union can advise & assist with this process. Employer acknowledges being notified of the problem Problem resolved, no further action required Employer & employee meet to attempt to resolve the problem To appeal 90 day time limit Problem not resolved Matter referred to: Mediation Service (Ministry of Business, Innovation & Employment). This is a free service. We may choose to ask the Mediator to make a binding Problem not resolved Matter referred to: Employment Relations Authority. This is a more formal process. Authority makes a decision Problem not resolved Problem resolved Appeals must be made to Employment Court within 28 days Problem not resolved Problem resolved You may apply to the Court of Appeal on a question of law within 28 days APPENDICES
Personal Grievances. 11.6.1 Where the principal wishes to raise a personal grievance with the board the provisions of sections 102 to 128 of the Employment Relations Act 2000 apply. In summary, the principal must raise the grievance with the employer within 90 days. The 90 day period begins on the latter of either:
Personal Grievances. Employees may feel that they have grounds for raising a personal grievance with the employer (for unjustified dismissal, unjustifiable disadvantage, discrimination, duress, sexual or racial harassment). If this is the case, employees need to raise their grievance within 90 days of the action occurring or the grievance coming to their notice. If the grievance is not raised to the employer’s attention within this timeframe the employee’s claim may be out of time. If the employee’s grievance is raised out of time, the employer can choose to accept the later grievance or to reject it. If the employer chooses to reject it, the employee can ask the ERA to grant leave to raise the grievance out of time. The employee’s grievance needs to be raised with the employer so that the employer knows what it is about and can try to work to resolve it. The employee can verbally advise the employer or put the grievance in writing. The employee’s APEX delegate or organiser can help with this process. Once the employer knows of the employee’s grievance, the employer is able to respond to the expressed concerns.
Personal Grievances. If the problem is a personal grievance, then the Employee must raise it within 90 days of when the facts that give rise to the grievance occur or come to their attention. A personal grievance can only be raised outside this time frame with the agreement of the Employer or in exceptional circumstances.
Personal Grievances. 28.6.1 If you have grounds for raising a personal grievance with your employer (for unjustified dismissal, unjustifiable disadvantage, discrimination, sexual or racial harassment, or duress), then you have 90 days of the action occurring, or the grievance coming to your notice. Otherwise your claim may be out of time.
Personal Grievances. A personal grievance is a particular type of employment relationship problem that normally must be raised with the employer within 90 days of the grievance arising. An employee may have a personal grievance where: • They have been dismissed without good reason, or the dismissal was not carried out properly • They have been treated unfairly • Their employment or a condition of their employment has been affected to their disadvantage by an unjustified action of their employer. • They have experienced sexual or racial harassment, or have been discriminated against because of their involvement in a union or other employee organisation, or have suffered duress over membership or non-membership of a union or other employee organisation. • They have been discriminated against in terms of the prohibited grounds of discrimination under the Human Rights Xxx 0000. Note: The full meaning of the terms personal grievance, discrimination, sexual harassment, racial harassment, and duress, shall be the meaning given by sections 103 to 110 inclusive of the Employment Relations Xxx 0000 only. As with other employment relationship problems, the parties should always try to resolve a personal grievance through discussion. Either party can refer a personal grievance to the Employment Relations Service of the Ministry of Business, Innovation and Employment for mediation assistance, or to the Employment Relations Authority. If the problem relates to a type of discrimination that can be the subject of a complaint to the Human Rights Commission under the Human Rights Xxx 0000, the person can either take a personal grievance, or complain to the Human Rights Commission, but not both. If in doubt, advice should be sought before deciding.
Personal Grievances. 7.4.1 A personal grievance must be raised with the Employer within 90 days of the grievance occurring or coming to the Employee’s notice, whichever is the later. As with any employment relationship problem, the parties should always try to resolve a personal grievance through discussion in the first instance. A written submission is preferable but not necessary. Employees are entitled to have the PSA raise the grievance on their behalf.
