Wellington + 64 4 496 9990
Lower Hutt + 64 4 569 4873
Masterton + 64 6 370 6480

Articles and News

Email me when new posts are made to this blog
Personal Grievances - What needs to be considered when raising a PG

By Gibson Sheat

Personal Grievances - What needs to be considered when raising a PG

A personal grievance (PG) is a formal process in which an employee may raise a complaint against their employer if they have been dealt with unfairly or illegally. The grounds available to raise a PG are outlined in the Employment Relations Act 2000 (ERA), together with the process for raising a PG.

The grounds

A PG means a complaint you have as an employee against your employer or former employer, including but not limited to the following:

  • Unjustifiable dismissal (unless the dismissal took place during a valid 90 day trial period);

  • Unjustifiable action which disadvantages the employee;

  • Discrimination;

  • Sexual harassment;

  • Racial harassment; or

  • Duress in relation to membership of a union or other employee organisation.

Whether a dismissal or action is justifiable depends on whether your employer acted in a way that a fair and reasonable employer could have done in all of the circumstances at the time. In the context of an unjustified dismissal, this includes assessing whether your employer followed a fair process in dismissing you and whether your employer had good reason to dismiss you. For example, was there an action serious enough to warrant immediate dismissal under the employment agreement? If not, did your employer provide you with warnings or conduct performance review meetings?

Informal avenues

In the event of conflict in the workplace, informal discussions with your employer or mediation are pragmatic ways to find a solution and maintain a positive employee-employer relationship. These options should be considered before raising a PG, which can be costly, time-consuming and stressful.

The process

A PG must be raised with your employer within 90 days of the date that the conflict or issue occurred. For example, if you are dismissed from your job, you have 90 days from that date to make a claim for unfair dismissal. However, your employer may allow you to raise a claim if you exceed the 90 days. If your employer does not consent to you raising a PG after the 90-day threshold, you can request the Employment Relations Authority (the Authority) or court to allow your claim, due to exceptional circumstances. These circumstances may include where:

  • You were so traumatised by the conflict that you could not raise the claim within 90 days;

  • You made reasonable arrangements with an agent to raise the claim but your agent failed to meet the deadline;

  • Your employment agreement did not stipulate the services available for resolving employment disputes including the 90-day time period to raise a PG; or

  • Your employer did not state reasons for dismissal when required.

You should write to your employer detailing the conflicting event and the reasons why you are raising a PG. This keeps a record of your claim and is also beneficial in the event that a dispute arises.

As an employee, you have three years to begin proceedings with the Authority after raising a PG. If you exceed this time period, you can seek permission from the Authority to continue with your claim; however, this is rarely granted.

Remedies

If the court or the Authority settles a PG, it may provide any one or more of the following remedies to you as an employee, including but not limited to:

  • Reinstatement of your job or similar role;

  • Reimbursement of a sum equal to the whole or any part of the wages or other money lost by you as a result of the grievance;

  • Compensation paid to you by the employer for humiliation, loss of dignity, and injury to your feelings; or

  • Recommendations to your employer on what to do if a colleague was harassing you; for example, transferring that colleague or taking disciplinary or rehabilitative action against that colleague.

It is important for employees and employers to deal with each other in good faith and have a clear understanding of their rights and obligations under an employment agreement to avoid any PG claims. If you are in a position where raising a PG is necessary, it is recommended that you seek legal advice.

Topics: Employment
 

1 Comments

Your comments
ninjadeden says ...
Keesokan harinya waktu konser bertepatan dengan ujling 6
agen astm a283 c
agen pipa boiler
agen plat abrex 400
agen plat asme516 grade70
agen plat astm a285 c
agen plat astm516 70
agen plat boiler
agen plat hardox
agen plat hb 400
agen plat high strenght
agen plat high tensile sm490 yb
agen plat high tensile sm490ya
agen plat kapal
agen plat stainless ss304
agen plat stainless ss310
agen plat stainless ss316
agen plat sumihard
agen round bar besi aisi 440s45c
agen round bar scm440
agen steel rail
agen steel sheet pile
distributor astm a283 c
distributor pipa boiler
distributor plat abrex 400
distributor plat asme516 grade70
distributor plat astm a285 c
distributor plat astm516 70
distributor plat boiler
distributor plat hb 400
distributor plat high strenght
distributor plat high tensile sm490 yb
distributor plat high tensile sm490ya
distributor plat kapal
distributor plat stainless ss304
distributor plat stainless ss310
distributor plat stainless ss316
distributor plat sumihard
distributor round bar besi aisi 440s45c
distributor round bar scm440
distributor steel rail
distributor steel sheet pile
jual astm a283 c
jual baja h beam
jual pipa boiler
jual plat abrex 400
jual plat asme516 grade70
jual plat astm a285 c
jual plat astm516 70
jual plat boiler
jual plat hardox
jual plat hb 400
jual plat high strenght
jual plat high tensile sm490 yb
jual plat high tensile sm490ya
jual plat kapal
jual plat stainless ss304
jual plat stainless ss310
jual plat stainless ss316
jual plat sumihard
jual round bar besi aisi 440s45c
jual round bar scm440
jual steel rail
jual steel sheet pile
pabrik astm a283 c
pabrik pipa boiler
pabrik plat abrex 400
pabrik plat asme516 grade70
pabrik plat astm516 70
pabrik plat boiler
pabrik plat hb 400
pabrik plat high tensile sm490 yb
pabrik plat high tensile sm490ya
pabrik plat kapal
pabrik plat stainless ss304
pabrik plat stainless ss310
pabrik round bar besi aisi 440s45c
pabrik round bar scm440
pabrik steel rail
pabrik steel sheet pile
pusat astm a283 c
pusat pipa boiler
pusat plat abrex 400
pusat plat asme516 grade70
pusat plat astm a285 c
pusat plat astm516 70
pusat plat boiler
pusat plat hardox
pusat plat hb 400
pusat plat high strenght
pusat plat high tensile sm490 yb
pusat plat high tensile sm490ya
pusat plat kapal
pusat plat stainless ss304
pusat plat stainless ss310
pusat plat stainless ss316
pusat plat sumihard
pusat round bar besi aisi 440s45c
pusat round bar scm440
pusat steel rail
pusat steel sheet pile
stockis plat hardox
stockist plat astm a285 c
stockist plat high strenght
stockist plat stainless ss316
stockist plat sumihard
supplier plat hardox
plat stainless ss201
plat sphc po
plat putih spcc sd
plat hitam ss400
plat hitam sphc
plat corten
plat astm a36
plat alumunium
plat abrex 500
plat abrex 450
plain bar
pipa sch80
pipa sch40
pipa sch160
pipa sch120
pipa sch10
pipa medium galvanis
perforated plate
grating size galvanis
expanded metal
deformed bar
besi wiremesh
besi unp
besi cnp
besi baja wfbeam
baja h beam