Personal Grievance Claims

Get Legal Advice As An Employer Defending A Personal Grievance Claim

What Is a Personal Grievance?

A formal complaint an employee can raise for unjustified dismissal, disadvantage, discrimination, harassment, or bullying.

Why Employers Must Care

– Financial exposure: Settlements, compensation, and legal costs. – Reputation damage: Public ERA or Court decisions can harm your brand. – Legal duty: You must act in good faith and be able to justify your actions.

Common Grounds for Grievances

– Dismissal without proper reason or process – Unjustified disadvantage (e.g., loss of duties or opportunities) – Bullying, harassment, or discrimination

Defending a PG (Procedural Fairness)

1. Check the process followed — was there a genuine reason and was it fair? 2. Review evidence — documents, emails, witness statements. 3. Engage in mediation — MBIE mediation is often the first step. 4. Respond constructively — show willingness to resolve without litigation.

Sexual harassment in the workplace is a double-edged sword for the employer as it sets one employee against another. Both deserve Compassion and Support.

When an employee raises an allegation of sexual harassment, the first responsibility of an employer is to respond with empathy and care. Allegations of this nature are deeply personal and can be distressing for the person making the complaint. Employers should create a safe, supportive environment from the outset. This means listening carefully, taking the complaint seriously, and reassuring the employee that their concerns will be addressed fairly and confidentially. Offering immediate support — such as allowing a support person, referring them to counselling services, or making temporary adjustments in the workplace — can make a significant difference to the employee’s wellbeing.

Equally important is how the alleged perpetrator is treated. While it is vital to support the complainant, employers must also remember that the allegation has not yet been tested. The accused employee should be informed of the complaint in a clear, respectful way and given the chance to respond. In some cases, temporary measures, such as separating the employees or adjusting duties may be necessary while the matter is investigated. Handling both parties with fairness and dignity helps maintain trust in the process and avoids claims of bias.

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Our Case Process

Detailed Planning

We start by establishing the facts, identifying the issue and explaining the legal bits so we can get started on solving your employment problem. We want you to have peace of mind from the beginning of your journey with us.

Consultation

Next, we discuss your expectations and any risks we think you are facing, evaluate all evidence and prepare an action plan so you get the best outcomes. We prepare you for what’s to come and what you can expect.

Settlement

In the last part of our process, we prepare you for attending any meetings and complete the outcome as cleanly and as quickly as we can. We strive to protect our clients and get you the best results.

The employers also have strict legal obligations as they must take all practicable steps to provide a safe workplace, free from harassment and discrimination.

This means investigating complaints promptly, thoroughly, and in good faith. Investigations need to be impartial, well-documented, and based on clear evidence. Both parties must be given an opportunity to be heard before any conclusions are reached. If the allegation is substantiated, appropriate disciplinary action should follow; ranging from warnings to dismissal, depending on the seriousness of the conduct.

A firm, well-communicated sexual harassment policy is essential. The policy should outline what constitutes harassment, how complaints can be made, and what process will follow. Training managers and staff on this policy ensures everyone understands their rights and responsibilities. Employers who fail to address sexual harassment risk legal consequences such as personal grievance claims or liability under the Human Rights Act and reputational harm and damage to workplace culture.

By combining compassion with a strong legal process, employers can ensure that allegations are handled fairly, employees feel safe, and the workplace remains respectful for all.

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Personal Grievance Claim Resources

Personal Grievance
What Is A Personal Grievance?

A personal grievance is a formal complaint that an employee makes against you when they feel they have been harmed in some way by their employer.

Examples include:

Discrimination

Duress (Usually in relation to belonging to, or not belonging to, a union)

Racial harassment

Sexual harassment

Unjustified Disadvantage (when an employee believes actions by you caused them to suffer some form of disadvantage at work)

Unjustified Dismissal (When an employee believes they were dismissed for an invalid reason and that the correct process was not followed)

Why Should Personal Grievances Matter To Me?

It will do your head in and impact on your workplace in these ways:

Disruption to your business

Money (lots of it – think thousands $$$$$ not hundreds)

Reputational Damage

Sleepless Nights

Time

Unhappy Employees

Workplace unrest

What Should I Do If An Employee Raises A Personal Greivance?

First Actions Matter – Do’s and Don’ts

Don’t panic

Take a deep breath

Read the PG letter quietly and objectively

Be open to resolving the problem

Don’t talk to the employee

Disengage from flight mode

Stay disengaged

Get legal advice from us before you take any further action

Facts about Personal Grievances

An employee has 90 days from the time the incident they are alleging, occurred

The employee’s PG should be factually sufficiently to allow you, the employer, to be able to address it – if not ask for more facts

Make sure that the personal grievance has been raised within the required 90-day period from the date of the alleged incident

The only path an Employee has to raise serious issues with an employer is by raising a PG.

The only way to settle a PG is with money

Here’s what to do:

1. Take legal advice – ring up immediately and send through the PG letter

2. You must take the PG seriously

3. You must investigate the PG issue thoroughly (good faith)

4. Respond politely (Catch More Flies With Honey Than Vinegar):

Polite communication with the employee or their representative is key

Thank the employee for bringing the matter to your attention

Clarify the problem with the employee so you understand what the issue really is

Ask the employee what action by you would solve the problem – they may just want you to listen to them

Ask the employee for further evidence if necessary

Be open to practical solutions

Take notes or record the meeting

Provide your plan to the employee for investigating the allegation

Interview all involved parties without bias or predetermination

Provide a response to the employee

Arrange a meeting to discuss their allegation after you have carried out a thorough investigation

Resolve the matter

We should be involved in this process

The Process to resolve your employee’s Personal Grievance MUST be perfectly executed.

To Help Prevent Personal Grievances Here Are Some Steps You Can Take;

Provide Clear Policies and Procedures

Ensure your employees comply with all Policies and Procedures

Policies are of no use looking pretty in a dusty book

Do Not Tolerate:

Breaches of Policies

Workplace Bullying

Workplace Bullying Racism

Workplace Bullying Sexism

Foster A Safe Workplace Environment Where;

Employees feel safe to come forward

Negative behaviour is not allowed to escalate

Workplace policies are followed

Reporting negative behaviour is encouraged confidentially

Get Legal Advice if You Are Defending A Personal Grievance Claim.

NZ Employment Lawyers Offering Practical, Resolution-Driven Advice. 1^st consult Free.

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