Employees have 90 days to raise a personal grievance. The 90 day timeframe begins on the date that the alleged action giving rise to the personal grievance occurs, or comes to the attention of the employee, whatever is later. Once a personal grievance is raised, if it is not resolved satisfactorily an employee has three years to pursue that grievance in the Employment Relations Authority. It is possible to raise a personal grievance outside the 90 day timeframe but only with the consent of the employer or with the permission of the Employment Relations Authority. Raising a personal grievance outside the 90 timeframe can be difficult and if there is not a good reason for the delay, you may be unsuccessful.
There may be time limits on other complaint avenues, for example civil court normally has a time limit of six years. The Privacy Commissioner and Human Rights Review Tribunal are not bound by a limitation period but they may not accept a claim if it is made too late.
For members of the Armed Forces, there is no time limit on when a serving member can submit a complaint. However, it is better not to delay.
If something has gone wrong at work, contact Frontline Law early. You get a free initial consultation and we will work with you to identify any timeframes. Employers can sometimes try to keep things calm until the 90 day timeframe has expired, so don’t delay because things seem ok for the moment.
Frontline Law is a team of talented lawyers, most of whom have previously served in the Armed Forces, New Zealand Police, and other uniformed organisations.
The first step in getting support is to talk with a lawyer from Frontline Law about your situation and see what options we can offer you. Contact Frontline Law for a free initial consultation.