NZ Personal Grievance 90-Day Time Limit FAQ

The personal grievance is the central employee remedy in NZ employment law, governed by Employment Relations Act 2000 (ERA), s.103-115. It applies to dismissal, disadvantage, harassment, discrimination, and duress. The single most important rule: the grievance must be raised within 90 days under s.114. Miss the deadline and the right is generally extinguished. This FAQ covers the timing rules, exceptions, and common mistakes.

Q1. What is the 90-day time limit for personal grievances?

Under ERA s.114(1), an employee must raise the personal grievance with the employer within 90 days of:

• The date the action complained of occurred, or
• The date the action came to the attention of the employee, whichever is later.

For dismissal, the 90 days run from the date of dismissal (last day of employment).

For other grievances (disadvantage, harassment), the 90 days run from the date the conduct happened or was first noticed by the employee.

Q2. What does “raise” mean?

Raising a grievance means notifying the employer in writing or orally that the employee is bringing a personal grievance. The notification must be sufficient to put the employer on notice that:

• A grievance is being raised.
• The nature of the complaint (e.g., dismissal, disadvantage).
• The action requested (reinstatement, compensation, apology).

A simple email, letter, or recorded conversation suffices. Filing in the Employment Relations Authority is a formal step after raising — and is not required to “raise.”

Q3. What if I miss the 90-day deadline?

Under s.114(3), the Authority or Court may grant leave to raise the grievance late if there are exceptional circumstances. Examples:

• The employee was overseas or seriously ill.
• The employee was misled by the employer about their rights.
• The action complained of was concealed and only recently discovered.

Late-leave applications are strict. Routine ignorance of the law, advice delays, or “I was busy” do not qualify. The Authority sees thousands of these annually and grants leave sparingly.

Q4. Are sexual harassment grievances different?

Yes. Under s.114(4), sexual harassment grievances have a 12-month time limit from the date the action occurred (extended from 90 days by the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023, in force June 2023).

This recognises that sexual harassment victims often need more time to come forward.

Q5. Does the 90-day rule apply during a 90-day trial?

The 90-day trial under s.67A removes the right to bring an unjustified dismissal grievance — but does not remove other grievances:

• Discrimination (s.103(1)(c)).
• Sexual or racial harassment (s.103(1)(d), (e)).
• Duress (s.103(1)(f)).
• Disadvantage (s.103(1)(b)).
• Breach of contract.

These grievances are still subject to the 90-day deadline (12 months for sexual harassment).

Q6. What grievances does s.103 cover?

Under ERA s.103(1), a personal grievance includes:

• (a) Unjustifiable dismissal — ended without good reason or fair procedure.
• (b) Unjustifiable disadvantage — actions short of dismissal causing detriment (demotion, removal of duties, exclusion).
• (c) Discrimination — based on prohibited grounds (race, sex, religion, sexual orientation, age, disability, family status, etc.).
• (d) Sexual harassment.
• (e) Racial harassment.
• (f) Duress — coerced into changing work conditions, joining/leaving a union.
• (g) Other matters specified in the Act.

Q7. What remedies are available?

Under s.123, the Authority can order:

• Reinstatement — primary remedy in dismissal cases under s.125.
• Reimbursement of lost wages — typically 3-12 months under s.123(1)(b).
• Compensation for hurt and humiliation — typical range NZ$10,000-NZ$30,000 under s.123(1)(c)(i). Awards above NZ$50,000 are rare but not unprecedented.
• Compensation for benefits lost — bonuses, KiwiSaver, healthcare.
• Penalties for breach of good faith under s.4A (NZ$10,000-NZ$20,000 typical, up to NZ$30,000).

Awards are taxed as income except hurt and humiliation under s.123(1)(c)(i), which is generally tax-free up to a reasonable amount.

Q8. What about contributory conduct?

Under s.124, the Authority can reduce remedies if the employee’s own conduct contributed to the situation. Common reductions:

• 25% for some contribution (e.g., unprofessional behaviour).
• 50% for substantial contribution (e.g., refusing to attend disciplinary meetings).
• 100% for fundamental contribution (rare — typically only where the dismissal was substantively justified but procedurally flawed).

Contribution is fact-specific and a major battleground in disputes.

Q9. What is the procedural route after raising?

After raising the grievance with the employer:

1. Negotiation — many grievances settle directly.
2. Mediation under s.144 — provided free by Employment Mediation Services (MBIE). Around 75% of grievances settle here.
3. Employment Relations Authority under s.157 — investigative hearing, decision binding.
4. Employment Court under s.179 — appeal from Authority on errors of law.
5. Court of Appeal / Supreme Court — rarely.

The Authority must investigate within reasonable time but in practice many cases run 6-12 months from filing to decision.

Q10. How are time limits calculated for ongoing or repeated breaches?

Under s.114(2), where the conduct is continuing (e.g., ongoing harassment, repeated bullying), the 90 days run from the most recent act in the pattern. This is the “continuing breach” exception. The employee must establish the pattern of related conduct, not isolated incidents.

Dialogue: an Employee weighs the deadline

🐣 Chick: “I was dismissed on 1 February. What is the deadline?”

🦉 Owl: “Day 1 is 1 February. Day 90 is 1 May (counting by calendar days). Raise the grievance by 1 May at the latest.”

🐮 Cow: “Raise — meaning send a letter or email to the employer stating the grievance, not file in the Authority.”

🐣 Chick: “Filing comes later?”

🦉 Owl: “Yes. Raise first, then mediate, then file in the Authority if unresolved. Filing in the Authority is not subject to the 90-day deadline — only the raising step is.”

🐮 Cow: “And after raising, gather your evidence: contract, dismissal letter, payslips, witness contacts, calendar of events.”

🦉 Owl: “Strongly recommend a free mediation. About 75% of cases settle there.”

Common mistakes

Counting working days instead of calendar days. The 90 days are calendar days under s.114. A grievance raised on day 91 is out of time.

Confusing “raising” with “filing.” Many employees miss the deadline because they think they need to file in the Authority within 90 days. Raising means notifying the employer.

Verbal raising without follow-up. If only verbally raised, send a confirmation email so there is a written record of the date.

Misjudging the start date. For ongoing harassment or constructive dismissal, the start date is debated. Get advice early.

Assuming the trial-period removes all rights. The 90-day trial removes only unjustified dismissal grievances. Discrimination and harassment grievances survive.

Closing notes

The 90-day rule is unforgiving. Late-leave is granted only in genuinely exceptional cases. Employees with concerns should seek advice immediately — Community Law, a union, or an employment lawyer can confirm timing in 15 minutes. Employers should diary the 90-day window after every disciplinary or termination event.

A Gyoseishoshi (行政書士) prepares bilingual personal grievance letter templates and mediation packs. A New Zealand-qualified employment lawyer should advise on contested cases, particularly where compensation exceeds NZ$25,000 or appeals to the Employment Court are contemplated.

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Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not New Zealand lawyers. For grievance representation, mediation, or Authority hearings, consult a New Zealand-qualified employment lawyer or contact Community Law.

Sources

• Employment Relations Act 2000, s.114 (personal grievance time limits) — https://www.legislation.govt.nz/act/public/2000/0024/latest/DLM60332.html
• Employment Relations Act 2000, s.103 (grievances) — https://www.legislation.govt.nz/act/public/2000/0024/latest/DLM60322.html
• Employment Relations Act 2000, s.123 (remedies) — https://www.legislation.govt.nz/act/public/2000/0024/latest/DLM60355.html
• Employment New Zealand, Personal grievances — https://www.employment.govt.nz/resolving-problems/types-of-problems/personal-grievances/