How to raise a personal grievance in New Zealand

What counts as a personal grievance

Section 103 of the Act lists the grounds. The ones most people meet are being unjustifiably dismissed, and being unjustifiably disadvantaged: an unjustified action by your employer that affected your job or its conditions to your disadvantage. Employment New Zealand's examples include an unjustified warning, a demotion to a lower-paid job, an unlawful suspension without pay, and an employer not dealing with bullying you raised.

The other grounds include discrimination, sexual or racial harassment, pressure over joining or not joining a union, adverse treatment because you are affected by family violence, adverse conduct because you discussed your pay, health and safety reasons, and retaliation for a protected disclosure.

The test is whether your employer's actions were what a fair and reasonable employer could have done in all the circumstances. Since 21 February 2026, a flaw in your employer's process is not enough on its own to make a dismissal or action unjustified, if the flaw did not result in you being treated unfairly.

Two groups cannot bring a grievance for unjustified dismissal, or for disadvantage that relates to the dismissal. The first is employees dismissed under a valid 90-day trial period. The second, since 21 February 2026, is employees paid $200,000 or more a year, unless they and their employer have agreed in writing to opt back in. The $200,000 rule has a transition: it does not yet apply to people dismissed before 21 February 2027 who still hold the job they had before 21 February 2026, or one they moved to in a restructure. Every other ground still applies to both groups. Our guide to employment rights in New Zealand sets out the wider rules.

The 90 days, and when the clock starts

The 90 days begin on the date of the action, or the date it came to your notice, whichever is later. If you are dismissed, Employment New Zealand counts the 90 days from the end of your employment. For sexual harassment the period has been 12 months since 13 June 2023. Racial harassment, and every other ground, still has 90 days.

If you miss the deadline, your employer can agree to the grievance being raised late. If they do not, you can ask the Employment Relations Authority for permission to raise it late, but only in exceptional circumstances: for example, you were so affected by what happened that you could not properly consider raising it, your representative failed to raise it in time, or your employer did not give reasons for a dismissal when asked. After a dismissal you can ask for those reasons in writing within 60 days, and your employer must give them within 14 days, unless you were dismissed under a trial period or paid $200,000 or more a year.

Once a grievance is raised, you have 3 years to take it to the Authority.

Raising it: what to put in writing, and to whom

A grievance is raised once you have made your employer, or a manager with authority over you or others at work, aware that you have a grievance you want them to address. Employment New Zealand says to state clearly what your complaint is and why you believe you have a grievance, with enough detail for your employer to respond. If it is not clear enough, you may be unable to take legal action later. Send it to your manager or HR, and keep a copy.

Employment New Zealand also publishes a sample letter for raising a grievance.

Mediation, the Authority, and getting advice

Mediation is usually the next step. MBIE's Employment Mediation Services are free and confidential, and anything agreed can be written down and made legally binding. You can bring a support person, a union representative, an advocate or a lawyer. Apply online, or call 0800 20 90 20.

You can also file a claim with the Employment Relations Authority, which may suggest you try mediation first. There is a fee to apply. The Authority investigates and makes a binding decision, which can include reinstatement, reimbursement of lost wages and compensation. Either side can challenge it in the Employment Court within 28 days. Since 21 February 2026, if your own behaviour contributed to the problem, reinstatement and compensation (for hurt and humiliation, or for a lost benefit) are not available, and lost wages can be reduced, even to nothing. If that behaviour was serious misconduct, no remedy is available at all.

It is worth getting advice before you raise a grievance, not only once it is under way. Employment New Zealand (0800 20 90 20), Community Law, Citizens Advice Bureau, your union or an employment lawyer can tell you how the law applies to you.

Keeping a record that holds up

A grievance is only as strong as the detail behind it. Write down each incident soon after it happens: the date, who was there, what was said and done, and the effect on you. Keep copies of your letters and the replies, and keep your notes on your own device rather than work systems. Our article on how to document workplace issues covers what to record and what to leave out.

In jobtracker.co.nz, Your Career keeps 1:1 notes with the date, the person you met, what was agreed and any feedback given, in your own account. You can see two example 1:1 notes with a manager in the demo, which needs no account.

Keep your record somewhere that is yours