Resolving employment problems
Unfair treatment, discrimination or harassment at work
“Unjustifiable disadvantage”
Taking a personal grievance for unjustifiable disadvantage
Employment Relations Act 2000, ss 103(1)(b), 103A
You can bring a personal grievance if your employer does anything unjustifiable that affects your employment or conditions of work in a way that disadvantages you. This might include:
- demoting you
- suspending you without pay
- withdrawing work
- transferring you
- giving you an unjustified warning
- withdrawing a benefit, such as the use of a company vehicle.
The ERA will decide the case objectively, by looking at whether your employer’s actions were what a fair and reasonable employer could have done in the situation.
Note: Generally, a personal grievance claiming unjustified disadvantage will only be successful if it concerns something you were entitled to under your employment agreement, and won’t succeed if your employer had a discretion whether or not to provide the particular benefit or condition.
