Personal Grievances
When the relationship has broken down.
At Matt and Zen we act for employees raising a personal grievance, and for employers responding to one.
A grievance is decided on two things: whether there was a genuine reason, and whether the process was fair. Employers lose defensible decisions on process more often than on substance.
There is a time limit on raising a grievance, and it is shorter than most people expect. If you think you may have one, the first thing to establish is how long you have.
Scope
We can assist with the following, and more.
Raising a grievance
- Establishing whether there is a grievance and how long you have to raise it
- Unjustified dismissal
- Unjustified disadvantage
- Discrimination, harassment and bullying at work
Responding to one
- Reviewing the decision and the record behind it
- Responding within time
- Assessing exposure honestly before you take a position
Process
- Raising the grievance in writing
- Mediation
- The Employment Relations Authority
- Settlement, and recording it so it is final
Related
- Constructive dismissal
- Disputes over final pay and entitlements
- Breach of an employment agreement
Time
There is a clock, and it starts before you are ready.
A personal grievance has to be raised within a limited period after the event, or after it came to your attention. Different time limits apply to different kinds of grievance.
Miss it and the grievance generally cannot proceed, however strong it would have been. This is the single most common way a good claim is lost.
If you are weighing up whether to do anything, get the date checked first. That part is quick.
Questions
Frequently asked questions.
How long do I have to raise a grievance?
Less time than most people expect, and the limit differs depending on what the grievance is about. Have the date checked before you do anything else.
What makes a dismissal unjustified?
Either no genuine reason, or a process that was not fair. Both are assessed against what a fair and reasonable employer could have done.
What is constructive dismissal?
Where you resign, but the employer’s conduct left you no real alternative. It is a grievance, and it is harder to prove than an ordinary dismissal.
Do we have to go to a hearing?
Usually not. Most employment matters resolve at mediation. The Authority is there when they do not.
What is a grievance worth?
It depends on lost earnings, the harm caused, and how the employer behaved. Anyone who gives you a figure before reading the file is guessing.
Can an employer raise a grievance?
No. A personal grievance is an employee’s claim. An employer with a complaint has other routes, which we can go through with you.