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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Can you advise if an ex employee made redundant on 8/1/2013

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Can you advise if an ex employee made redundant on 8/1/2013 can bring a personal grievance against the company dated as from 7/5/2013. Is there a 90 day window?

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : There is indeed a 90 day period to make claims for a personal grievance. The reference is section 114 of the Employment Relations Act.
christhelawyer : 114Raising personal grievance(1)Every employee who wishes to raise a personal grievance must, subject to subsections (3) and (4), raise the grievance with his or her employer within the period of 90 days beginning with the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is the later, unless the employer consents to the personal grievance being raised after the expiration of that period.(2)For the purposes of subsection (1), a grievance is raised with an employer as soon as the employee has made, or has taken reasonable steps to make, the employer or a representative of the employer aware that the employee alleges a personal grievance that the employee wants the employer to address.(3)Where the employer does not consent to the personal grievance being raised after the expiration of the 90-day period, the employee may apply to the Authority for leave to raise the personal grievance after the expiration of that period.
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