Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Personal grievances

115: Further provision regarding exceptional circumstances under section 114

You could also call this:

"Special rules for raising a work problem when something unusual happens"

When you are dealing with a personal grievance, there are some exceptional circumstances that can affect how you raise your grievance. You might be so affected by what happened that you could not think clearly about raising a grievance within the time allowed by section 114. This can be considered an exceptional circumstance.

If you asked someone to help you raise a grievance and they did not do it on time, this can also be an exceptional circumstance. You must have made reasonable arrangements for them to do it for you, and they must have unreasonably failed to do so. Another circumstance is if your employment agreement does not explain how to resolve employment problems as required by section 54 or section 65.

If your employer did not give you a reason for dismissing you as required by section 120(1), this is also an exceptional circumstance. These circumstances can affect how you raise your grievance and when you can do it.

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This page was last updated on 20 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60355.

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Work and jobs > Worker rightsCrime and justice > Courts and legal help

Part 9Personal grievances, disputes, and enforcement
Personal grievances

115Further provision regarding exceptional circumstances under section 114

For the purposes of section 114(4)(a), exceptional circumstances include—
where the employee has been so affected or traumatised by the matter giving rise to the grievance that he or she was unable to properly consider raising the grievance within the applicable employee notification period under section 114; or
where the employee made reasonable arrangements to have the grievance raised on his or her behalf by an agent of the employee, and the agent unreasonably failed to ensure that the grievance was raised within the required time; or
where the employee's employment agreement does not contain the explanation concerning the resolution of employment relationship problems that is required by section 54 or section 65, as the case may be; or
where the employer has failed to comply with the obligation under section 120(1) to provide a statement of reasons for dismissal.

Notes

Section 115(a): amended, on 13 June 2023, by section 7 of the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 (2023 No 28).