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Communtity Law Manual | Employment: Resolving problems | Unfair treatment, discrimination or harassment at work

Unfair treatment, discrimination or harassment at work

“Unjustifiable disadvantage”

Taking a personal grievance for unjustifiable disadvantage

Employment Relations Act 2000, ss 1031b, 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 Employment Relations Authority 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.

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