Resolving employment problems Taking action through a personal grievance What is a personal grievance? Employment Relations Act 2000, Part 9 A “personal grievance” is one of the main ways for workers to take a legal claim against their employer if they believe…

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Resolving employment problems Taking action through a personal grievance Raising a personal grievance: The process How do I raise a personal grievance with my employer? Employment Relations Act 2000, s 114  You do this by making your employer, or a manager or…

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Resolving employment problems Taking action through a personal grievance What you could get: Remedies for a personal grievance Employment Relations Act 2000, s 123  If you take a personal grievance to the ERA, you can ask them to take one or more…

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Resolving employment problems Being fired unfairly: “Unjustified dismissal” When will a dismissal be unjustified? Employment Relations Act 2000, ss 103, 103A If you bring a personal grievance for unjustified dismissal, the ERA will decide the case objectively, by looking at whether your…

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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…

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Resolving employment problems Hours, shifts and second jobs: Breaches of your rights Taking a personal grievance for breaches of rules around hours, shifts and second jobs Employment Relations Act 2000, ss 67C-67H, s 103(1)(h), (i) You can bring a personal grievance if…

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Resolving employment problems Discrimination at work The illegal grounds of discrimination Employment Relations Act 2000, ss 103, 105, 107 You’ll usually be able to bring a personal grievance based on discrimination if your employer treats you unfairly on any of these grounds:…

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Resolving employment problems Unfair treatment, discrimination or harassment at work Sexual harassment at work Sexual harassment by employers or other people in authority Employment Relations Act 2000, ss 103, 108 If your employer or a manager or supervisor sexually harasses you, you…

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Resolving employment problems Unfair treatment, discrimination or harassment at work Racial harassment at work Racial harassment by employers or other people in authority Employment Relations Act 2000, ss 103, 109 You may have a personal grievance if you’re racially harassed by your…

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Resolving employment problems Unfair treatment, discrimination or harassment at work Migrant Exploitation You need a work visa to work in New Zealand as a migrant. If you’re on a work visa that’s ‘tied’ to a job with a particular employer, and you…

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