Time Limits for Raising a Personal Grievance in New Zealand (The 90-Day Rule)
In New Zealand employment law, employees who believe they have been treated unfairly by their employer may have the right to raise a personal grievance. A personal grievance is a complaint an employee has against their employer relating to their employment, such as unjustifiable dismissal, disadvantage, discrimination, or sexual harassment [Source: Employment Relations Act 2000, s 103]. There are strict time limits for raising such grievances.
The 90-Day Time Limit
The primary rule for raising a personal grievance is that it must be raised with the employer within 90 days [Source: Employment Relations Act 2000, s 114(1)]. This 90-day period begins on the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is the later [Source: Employment Relations Act 2000, s 114(1)].
Raising a grievance typically involves the employee or their representative notifying the employer, in writing or verbally, about the nature of the grievance and the remedy sought. It does not necessarily mean filing a formal claim with the Employment Relations Authority at this stage.
Exceptions to the 90-Day Rule – Allowing for Delay
While the 90-day limit is generally firm, the law provides for situations where this timeframe may be extended. The Employment Relations Authority (ERA), which is an independent body that investigates and resolves employment relationship problems, or the Employment Court, a specialist court that deals with employment law matters, may grant leave to raise a personal grievance after the 90-day period has expired [Source: Employment Relations Act 2000, s 115(1)].
For the ERA or Employment Court to grant such leave, two conditions must be met [Source: Employment Relations Act 2000, s 115(2)]:
- There must be reasonable grounds for the delay in raising the personal grievance.
- The delay must not have prejudiced the employer in the employer’s defence of the grievance to such an extent that it would be unjust to grant leave.
What constitutes 'reasonable grounds' can vary depending on the specific circumstances of the case, but it generally refers to factors outside the employee's control or circumstances that made it genuinely difficult or impossible to raise the grievance within the standard timeframe.
Importance of Adhering to the Time Limit
Adhering to the 90-day time limit is crucial. If a personal grievance is not raised within 90 days, and the Employment Relations Authority or Employment Court does not grant leave for it to be raised out of time, the employee may lose their right to pursue that grievance [Source: Employment Relations Act 2000, s 114(1)]. This means that even if the employee has a legitimate complaint, it may not be able to be legally addressed if the timeframe is missed without justification.
When to Seek Independent Legal Advice
If there are questions about specific employment rights, how to raise a personal grievance, or the application of time limits, it is recommended that individuals seek independent legal advice. Information on employment law can be obtained from official government bodies such as Employment New Zealand, or individuals can contact Community Law Centres for free legal advice.