Think your employer crossed the line?
A personal grievance is the main legal route for many employee claims, including unjustified dismissal and unjustified disadvantage. The important thing is identifying the right grievance and raising it in time.
A personal grievance is a legal claim, not just a complaint
The strongest grievances are usually specific. What did the employer do? Why was it unjustified? When did it happen? What evidence exists? What loss or harm followed? A focused claim is usually more useful than a long list of every workplace frustration.
- Identify the event you are grieving about rather than writing a history of every workplace frustration.
- Preserve the documents that prove that event and the employer's reasons.
- Work out the date the issue arose or came to your attention.
- Raise the grievance clearly and within the applicable time limit — commonly 90 days for most PGs.
What the employer still has to justify
Unjustified dismissal.
Unjustified disadvantage such as an unfair warning, suspension, demotion or harmful change to work.
Discrimination, sexual harassment or racial harassment.
Retaliatory or adverse action connected with protected rights or complaints.
A process that fails the statutory test of what a fair and reasonable employer could have done.
What actually matters here
01Unjustified dismissal
If employment ended because of the employer's decision or conduct, the issue may be unjustified dismissal. The employer generally needs both substantive justification and a fair process, subject to special statutory rules such as valid trial periods and the current high-income dismissal regime.
02Unjustified disadvantage
You do not need to lose your job to have a personal grievance. Warnings, suspensions, demotions, reductions in work, detrimental changes, unfair disciplinary action and other employer decisions can potentially amount to unjustified disadvantage where they adversely affect the employee and are not justified.
03The 90-day issue
For most personal grievances, the grievance needs to be raised with the employer within 90 days of the relevant action or the employee becoming aware of it. Sexual harassment grievances have a longer statutory timeframe. Do not assume an internal complaint or informal conversation automatically protects the limitation position.
04What a useful grievance looks like
A useful grievance is clear and specific. It identifies the challenged actions, gives enough factual detail for the employer to understand the complaint, states the legal basis where appropriate, and makes clear that the employee is raising a personal grievance. Evidence and remedies can then be developed as the matter progresses.
What a useful result can look like
The phrase ‘personal grievance’ does not create leverage by itself. The leverage comes from a provable employer error, a claim raised in time, and a remedy worth pursuing.
Reimbursement of lost wages where applicable.
Compensation for humiliation, loss of dignity and injury to feelings.
Reinstatement or correction of disadvantage where appropriate.
Settlement terms including references, exit wording and payment.
Other statutory remedies depending on the cause of action.