Employment Relations Act 2000s114

How long do I have to raise a personal grievance in NZ?

Under s114 of the Employment Relations Act 2000, you have 90 days from the date of the action giving rise to the grievance to raise it with your employer.

What triggers the 90-day clock:

  • The date you were dismissed
  • The date of the disadvantaging action (demotion, pay cut, harassment, etc.)
  • The date the discriminatory act occurred
How to raise a personal grievance: You must notify your employer in writing that you intend to raise a personal grievance. You do not need to use specific legal language — a clear statement that you believe you were unjustifiably dismissed or disadvantaged is sufficient.

After raising it with your employer: If the matter isn't resolved, either party can apply to the Employment Mediation Service (free). If mediation fails, the Employment Relations Authority (ERA) determines the claim.

Missing the deadline: The Authority may still accept a late grievance if there is exceptional cause, but this is discretionary and not guaranteed. Do not rely on this.

Compensation available if successful:

  • Reinstatement (if sought)
  • Reimbursement of lost wages
  • Compensation for hurt, humiliation, and loss of dignity (up to ~$40,000 in most cases)
Source: Employment Relations Act 2000, s114 — View on legislation.govt.nz

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Legal information, not legal advice. This information is based on New Zealand legislation and is provided for educational purposes. It is not a substitute for advice from a qualified New Zealand lawyer about your specific situation. If you are dealing with a serious legal matter, consult a lawyer or your nearest Community Law Centre (communitylaw.org.nz).