90-day personal grievance — the New Zealand employment walkthrough

The 90 days under section 114 of the Employment Relations Act 2000 starts from the later of (a) the date the action that amounts to a personal grievance occurred, or (b) the date the action came to your notice. For an unjustified-dismissal grievance, the clock typically starts on the date employment ended. For an unjustified-disadvantage grievance (e.g. demotion, unilateral pay cut), the clock starts on the date the employer's action took effect. For discrimination or harassment grievances based on a course of conduct, the clock can start on the last incident in the course. If you only learned about the action later (e.g. the employer concealed the reason for dismissal), the clock starts on the date you learned — this is the "came to your notice" branch.

Raising a grievance under section 114 means putting the employer on notice that you believe you have a grievance. It does not require any specific form. A clear, dated written communication (email, letter) stating the action you believe was unjustified and that you wish to raise a personal grievance is the most evidentially safe form. Verbal notice can satisfy section 114 but is harder to prove if the employer denies you raised it. The grievance must be raised with the employer — not with Employment New Zealand or the Authority. Mediation and Authority filing come after the grievance is raised, not as a substitute.

Yes. Mediation services provided by Employment New Zealand mediators are free for both parties. Either party can request mediation; if one requests, the other is usually expected to attend. Mediation is confidential and the mediator does not decide the dispute — the mediator helps the parties reach a settlement that, if signed under section 149 of the Employment Relations Act 2000, is binding and not reopenable except in narrow circumstances. Most personal grievances in New Zealand settle at this stage.

Under section 123 of the Employment Relations Act 2000, an Authority that finds an unjustified dismissal can order (a) reimbursement of lost wages typically capped at 3 months and reduced by any contributory conduct of the employee, (b) compensation for humiliation, loss of dignity, and injury to feelings — Authority awards currently range roughly NZ$5,000 to NZ$25,000 with awards above NZ$25,000 reserved for the most serious cases, and (c) reinstatement to the previous position (rarely ordered against the employer's wishes). Section 124 allows the Authority to reduce remedies where the employee's own conduct contributed to the situation — contributory conduct findings of 25%, 50%, or higher are common.

Civil Legal Aid is available in principle for employment grievances but the income thresholds and merits test exclude many applications. The Legal Services Commissioner assesses each application on income, assets, the merit of the case, and the likely amount at stake — small grievances may not pass the merits test even if the applicant is income-eligible. The Employment Relations Authority filing fee (NZ$71.56 inc GST as at 2024) is not waived for Legal Aid recipients. Many employment lawyers offer free or low-cost initial assessments to evaluate whether the grievance has merit and whether you qualify for Legal Aid.

You must apply to the Employment Relations Authority for leave to raise the grievance out of time under section 115 of the Employment Relations Act 2000. The Authority must be satisfied there are exceptional circumstances — serious illness, a representative's failure to act, employer concealment, and in some cases ignorance of the right to raise the grievance can qualify. Routine delay does not. The Authority also considers the degree of prejudice to the employer caused by the delay. File the section 115 application without waiting if the 90-day window has only recently expired and you have a genuine reason; the longer the delay, the harder it is to obtain leave.