Unjustified Dismissal in NZ — Personal Grievance (2026)
About this article
Sourced from New Zealand Acts of Parliament (legislation.govt.nz), regulations, and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
If you've been unjustifiably dismissed or disadvantaged at work, you can raise a personal grievance under the Employment Relations Act 2000. The legal test (s 103A) is whether a fair and reasonable employer could have acted as yours did — covering both the reason for the dismissal and the process (proper investigation, a chance to respond, genuine consideration).
The critical deadline: you must raise the grievance with your employer within 90 days of the dismissal or problem (extended to 12 months for sexual harassment, per s 114). After that, you generally have up to 3 years to file with the Employment Relations Authority, but free mediation comes first. Remedies under s 123 include reinstatement, reimbursement of lost wages, and compensation for hurt and humiliation.
When does it apply?
- You were dismissed and believe it was unfair in substance or process.
- You were disadvantaged, bullied, harassed or discriminated against at work.
- You're within 90 days of the dismissal or problem.
What to do if you were unfairly dismissed
- Raise the grievance in writing within 90 days — don't miss this window.
- Ask for free mediation through Employment NZ (0800 20 90 20).
- Keep evidence: your agreement, payslips, emails, warnings, meeting notes.
- Apply to the Employment Relations Authority if mediation fails.
What should you NOT do?
- Don't miss the 90-day deadline — late grievances need the employer's consent or the Authority's leave.
- Don't resign in anger without advice — it can weaken a constructive-dismissal claim.
- Don't sign a settlement without understanding it.
About Workers' Rights in New Zealand
New Zealand employment law rests on the Employment Relations Act 2000 (good faith, personal grievances, bargaining), the Minimum Wage Act 1983, the Holidays Act 2003 (4 weeks' annual leave, public holidays, sick leave) and the Health and Safety at Work Act 2015. Most disputes start with free mediation through Employment New Zealand, then go to the Employment Relations Authority (ERA). The big deadline to remember is the 90-day window to raise a personal grievance.
Rates current as at 1 April 2026 — re-verify on employment.govt.nz before relying on them. Employment NZ: 0800 20 90 20. WorkSafe: 0800 030 040.
Common Questions
What is the personal grievance (unjustified dismissal) right in New Zealand?
If you've been unjustifiably dismissed or disadvantaged at work, you can raise a personal grievance under the Employment Relations Act 2000. The legal test (s 103A) is whether a fair and reasonable employer could have acted as yours did — covering both the reason for the dismissal and the process (proper investigation, a chance to respond, genuine consideration).The critical deadline: you must raise the grievance with your employer within 90 days of the dismissal or problem (extended to 12 months for sexual harassment, per s 114). After that, you generally have up to 3 years to file with the E...
When does it apply — personal grievance (unjustified dismissal)?
You were dismissed and believe it was unfair in substance or process.You were disadvantaged, bullied, harassed or discriminated against at work.You're within 90 days of the dismissal or problem.
How long do I have to raise a personal grievance in NZ?
Raise the grievance in writing within 90 days — don't miss this window.Ask for free mediation through Employment NZ (0800 20 90 20).Keep evidence: your agreement, payslips, emails, warnings, meeting notes.Apply to the Employment Relations Authority if mediation fails.
What should you NOT do — personal grievance (unjustified dismissal)?
Don't miss the 90-day deadline — late grievances need the employer's consent or the Authority's leave.Don't resign in anger without advice — it can weaken a constructive-dismissal claim.Don't sign a settlement without understanding it.