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Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Personal grievances

113: Personal grievance provisions only way to challenge dismissal

You could also call this:

“If you're fired and want to complain about it, you can only do it through a special process called a personal grievance.”

If you’ve been dismissed from your job and want to challenge it, you can only do this through a personal grievance with the Authority. This is the only way to challenge your dismissal or any part of it, for any reason, in any court.

However, this doesn’t stop you from taking action to get money that you’re owed. You can still try to recover wages for your notice period, wages or other money related to your work before you were dismissed, or any other money that should be paid to you when you’re dismissed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60353.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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Part 9 Personal grievances, disputes, and enforcement
Personal grievances

113Personal grievance provisions only way to challenge dismissal

  1. If an employee who has been dismissed wishes to challenge that dismissal or any aspect of it, for any reason, in any court, that challenge may be brought only in the Authority under this Part as a personal grievance.

  2. Nothing in subsection (1) prevents an action under this Part to recover—

  3. wages relating to a period of notice or alleged period of notice; or
    1. wages or other money relating to the employment prior to the dismissal; or
      1. other money payable on dismissal.