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Jobs, benefits & flats

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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Resolving employment problems

Where to go for more support

Community Law

www.communitylaw. org.nz

Your local Community Law Centre can provide free initial legal advice if you’re facing problems at work.

Ministry of Business, Innovation & Employment

www.employment.govt.nz

The Employment Relations website of the Ministry of Business, Innovation & Employment has a range of information on personal grievances, mediation, the Employment Relations Authority and the Employment Court. This includes a pamphlet contained information on all those topics, called “Solving Problems at Work”.

Free phone 0800 20 90 20, for general enquiries about resolving employment problems.

Early Resolution Service

www.employment.govt.nz/resolving-problems/steps-to-resolve/early-resolution

The Early Resolution Service is a service offered by the Ministry of Business, Innovation & Employment. It is a free phone-based service to help employees and employers resolve workplace issues before it becomes too serious or needs a more formal process.

For more information on the Early Resolution Service, you can fill out the form on www.employment.govt.nz or call 0800 20 90 20.

Labour inspectors

Labour inspectors monitor and enforce minimum employment conditions. To refer a problem to a labour inspector, you contact the Ministry of Business, Innovation & Employment on: Free phone 0800 20 90 20

Employment Relations Authority

www.era.govt.nz

If you’re unable to settle at mediation, the next step is to file your claim in the Employment Relations Authority. For more information, visit the Authority’s website.

New Zealand Council of Trade Unions, Te Kauae Kaimahi

www.union.org.nz

Phone: (04) 385 1334
Email: info@nzctu.org.nz

Union members should contact their union for support in resolving problems at work.

Immigration New Zealand

www.immigration.govt.nz

Free phone: 0508 558 855
Phone: (09) 914 4100 (Auckland)
Phone: (04) 910 9915 (Wellington)

The Immigration New Zealand website has extensive information about the various types of visas and other immigration issues. There is also specific information on human trafficking and the help that’s available for people trapped in these situations.

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