Dismissed, pushed out or treated unfairly at work? How a personal grievance works in NZ, the 90-day deadline, mediation, the ERA and when to call a lawyer.
By the NZ Lawyers team · Facts checked against the sources listed below on 18 October 2026.
You have been dismissed, demoted, harassed, or pushed so hard that resigning felt like the only option. In New Zealand the usual legal route is a personal grievance: a formal complaint against a current or former employer about an employment problem you have not been able to resolve. The most important thing to know straight away is that there is a deadline. Miss it, and you may lose the right to take the matter further.
Employment New Zealand lists the grounds. The most common are that you were:
There are other grounds too, including being treated adversely for discussing your pay, for a health and safety reason, or after making a protected disclosure.
Two groups have different rules. Employees on a trial period, and employees earning $200,000 or more a year, generally cannot raise a grievance for unjustified dismissal, or for unjustified disadvantage relating to dismissal. The high-income rule came into force on 21 February 2026 with a 12-month transition period, and an employer and employee can agree in writing to opt back in to the dismissal protections. If either rule might apply to you, get advice early.
Constructive dismissal is a type of unjustified dismissal. It happens when you resign but the law treats it as if your employer dismissed you. Employment New Zealand describes three situations:
A difficult workplace is not enough on its own. Before resigning, Employment New Zealand suggests you raise your concerns in writing, give the employer a reasonable chance to fix them, and keep records. It also recommends getting legal advice before raising a grievance of this kind.
A late grievance can still go ahead if the employer agrees. If they don't, the ERA can allow it only in exceptional circumstances, for example where your representative failed to raise it in time, or your employment agreement did not explain the 90-day period.
If you were dismissed, you can ask your employer for a written statement of the reasons. You can ask up to 60 days after you found out about the dismissal, and the employer must reply within 14 days.
You raise a grievance by making your employer clearly aware that you have one and what it is about. It can be done verbally, but both Employment New Zealand and Community Law recommend doing it in writing, by letter or email, and keeping a copy. Say what the complaint is, why you believe it is a grievance, and give enough detail for your employer to respond. A vague complaint may not count as properly raised, which can stop you taking legal action later. Employment New Zealand publishes a sample letter you can adapt.
If your employer's response doesn't resolve things, the next step is usually mediation. MBIE's Employment Mediation Services is free for employees and employers. It is confidential, and any agreement reached can be written up as a record of settlement and made legally binding. You can bring a support person, whānau, an advocate, a lawyer or a union representative.
If mediation doesn't work, or you choose to go straight there, you can file a claim with the ERA, which may suggest mediation first. The ERA looks at the merits rather than technicalities. If your grievance is established, it can order remedies including reimbursement of lost wages, reinstatement, and compensation for hurt and humiliation, and it can make recommendations to the employer. It also considers whether your own behaviour contributed. If it did, you cannot be awarded reinstatement or hurt-and-humiliation compensation, and lost wages can be reduced. Serious misconduct rules out remedies altogether.
Treat a grievance letter seriously and respond to the issues it raises. Fairness is judged against the employment agreement and your workplace policies; where they give no clear guidance, the test is what a fair and reasonable employer could have done in the circumstances. Mediation is free for employers too, and declining it may not end the matter, because the employee can go to the ERA, which can direct the parties to mediation. Employment New Zealand suggests employers reduce the risk of constructive dismissal claims by following agreed processes, communicating early, dealing with complaints quickly and consulting properly before making changes.
Talk to someone as soon as you think you have a grievance, ideally well inside the 90 days and, if you are thinking of resigning, before you resign. You can be represented by an employment lawyer, an employment advocate, or your union if you belong to one. MBIE mediation itself is free, but a representative may charge. Your local Community Law Centre can give free initial legal advice.
Questions to ask before you instruct anyone:
Fixed fee or hourly? The Law Society says most lawyers charge an hourly rate, but a lawyer and client can instead agree a fixed fee at the start, sometimes split into stages. Whichever you choose, the lawyer must tell you before work starts how fees will be charged and paid, the terms should be set out in their engagement letter, fees must be fair and reasonable, and if you ask for an estimate they must tell you promptly if it looks likely to be exceeded.
Check they are a practising lawyer. Search the person's name on the Law Society's Register of Lawyers, which shows a lawyer's practising status.
Ready to talk to someone? Compare employment lawyers in Hamilton in our directory.
This guide is general information, not legal advice. Talk to a lawyer about your situation.
Usually 90 days from when the problem happened or came to your attention, whichever is later. For sexual harassment it is 12 months. You then have 3 years from raising it to file with the ERA.
Only if your employer agrees, or if the ERA allows it because of exceptional circumstances.
Yes. MBIE's Employment Mediation Services is free for employees and employers. A lawyer or advocate you hire may charge for their time.
Possibly, if it amounts to constructive dismissal, for example where serious breaches by your employer left you no real choice but to resign. Get advice before you resign if you can.
Since 21 February 2026 most employees earning $200,000 or more cannot raise a grievance for unjustified dismissal, subject to a 12-month transition and any written opt-back-in agreement. Other grounds, such as harassment, still apply.
All 1673 firms, ordered by the same published criteria.