90 Day Time Limit on Personal Grievances

It is extremely important that any personal grievance is “raised” with your employer within 90 days. This does not mean that the case has to be finished within 90 days; it just means that the employer must be properly advised of your claim within 90 days. Whether you choose to take it further or not is another matter. If you have raised the personal grievance your right to take the claim further usually lasts for 3 years. In reality, most people who raise a personal grievance pursue it immediately, but if you are unsure, all you have to do is ensure that you comply with the 90 day time limit (and make sure that you can prove that you have raised the personal grievance within time). You can then take your time to decide if you will take the case further or not.

There are a few limited circumstances that will allow someone to raise their personal grievance outside of the 90 day period, however, it is not safe to leave your claim in the hope that these might apply to you, as they probably won’t. In a recent case against Air New Zealand, a former employee insisted on trying to pursue a personal grievance outside of the 90 day time limit. She was fined costs of $1750 by the Employment Relations Authority. Don’t let this happen to you. If you think you might have a personal grievance please ask us what we think, as soon as possible. Asking does not commit you to taking the case further, but it helps to protect you from accidentally losing your legal rights.