FAQS

Frequently Asked Questions

FAQs For Employers

What is a personal grievance?

A personal grievance is when an employee brings a formal complaint against their current or former employer.

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An employee has 90 days to raise a personal grievance.

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Employees can bring a personal grievance for many reasons, including:

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  • Unjustifiable dismissal (unless the dismissal took place while the employee was on a valid 90-day trial period),
  • Discrimination,
  • Sexual harassment,
  • Age discrimination,
  • Racial harassment,
  • Bullying, when the employee has raised the issue and not received a response or adequate action,
  • Restructuring causing redundancy without the correct process,
  • Disadvantage to an employee due to the employment agreement not meeting legal requirements,
  • Unfair treatment of an employee who has lawfully refused work.

Faqs For Employees

Am I being bullied? What can I do?

Bullying is:

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  • Repeated,
  • Unreasonable, including humiliating, intimidating, or threatening a person,
  • Harassment, discrimination, or violence.

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Bullying is not:

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  • Occasional rudeness or one-off incidents of unreasonable behaviour,
  • High performance standards,
  • Constructive feedback or advice,
  • Requests for extra work to be done, or warning/disciplining workers according to the code of conduct,
  • An argument or difference of opinion (if it doesn't become aggressive).

What is a personal grievance?

A personal grievance is when an employee brings a formal complaint against their current or former employer.

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An employee has 90 days to raise a personal grievance.

‍

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Employees can bring a personal grievance for many reasons, including:

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  • Unjustifiable dismissal (unless the dismissal took place while the employee was on a valid 90-day trial period)?
  • Discrimination?
  • Sexual harassment?
  • Age discrimination?
  • Racial harassment?
  • Bullying, when the employee has raised the issue and not received a response or adequate action?
  • Restructuring causing redundancy without the correct process?
  • Disadvantage to an employee due to the employment agreement not meeting legal requirements?
  • Unfair treatment of an employee who has lawfully refused work.

COVID FAQs

Can my employer dismiss me if I refuse to be vaccinated?

See the latest information on vaccines on the Employment New Zealand website.

What do I do if I'm not getting paid properly?

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  • I'm not getting paid at all?
  • I'm not getting paid my usual pay?
  • I'm a casual worker. My hours are being cut, so I'm not being paid?

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My employer is getting the wage subsidy but not giving it to me, or they are getting the subsidy and only giving me the subsidy not my usual pay.

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If your employer doesn't communicate with you and doesn't pay you fairly, you should contact the Early Resolution Service at Employment New Zealand. They are a free service who can help you resolve a workplace issue early, quickly, and informally.