Employment Relations Act 2000 - Personal Grievance

Personal Grievance

According to section 103 of the ERA, an employee that believes he or she has been;

1. unjustifiably dismissed;
2. disadvantaged in employment by an unjustified action by the employer;
3. discriminated against;
4. sexually harassed;
5. racially harassed;or
6. subject to duress over union membership;

may pursue a personal grievance. In addition whistle blowers are protected under the Protected Disclosures Act 2000.

Section 112 of the ERA states that when an employee can choose to bring an action under the ERA or the Human Rights Act 1993 the employee can not bring an action under both acts. Section 114 of the ERA states that a personal grievance must be raised with the employer within 90 days.