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An employer may be faced with a personal grievance at any stage. Turner Hopkins can advise you in the way that grievance may be managed.

The employee must raise the personal grievance within 90 days of the date of the action or grievance arising or later with consent of the employer. An unjustifiable disadvantage grievance relates to an alleged unjustifiable action on the part of the employer which impacts on one or more conditions of the employee’s employment. This grievance may be raised while the employee is still employed.

An unjustifiable dismissal may be raised in respect of an employee who has been dismissed or one who has resigned and claimed constructive dismissal. A constructive dismissal is where the resignation of the employee is found to have come at the initiative of the employer. Some examples are where the employer may ask the employee to “resign or be fired” or where the employer has breached the employment agreement seriously and that it is foreseeable in view of those breaches that the employee will resign. Should you receive a letter raising a personal grievance we would be happy to discuss this further with you, including the way that the grievance is managed via mediation or the Employment Relations Authority.

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