Personal Grievances

A personal grievance is defined by section 103 of the Employment Relations Act as a grievance that an employee has with their employer on the grounds of:

• unjustified dismissal
• the employer’s unjustifiable action that disadvantages the employee’s employment – losing job status due to internal restructuring, for example
• discrimination
• sexual harassment
• racial harassment
• duress (in relation to union membership).

The procedure

An employee must raise the grievance with their employer within 90 days of the matter that gave rise to the grievance. The employee must take reasonable steps to make the employer (or the employer’s representative) aware that a personal grievance is being alleged and that the employee wants the employer to address it (section 114).

The 90-day rule does not apply if:

• the employee is so traumatised by the matter giving rise to the grievance that they are unable to raise it properly within 90 days (for example, in a serious case of sexual harassment)
• the employee made reasonable arrangements for an agent to raise the matter with their employer, but the agent has let them down
• the employment agreement covering the parties does not include the required statement that grievances must be raised within 90 days
• an employer has not given a statement of reasons for a dismissal (Employees must request a statement of reasons within 60 days of the dismissal, and employers must provide the statement within 14 days of receiving the request. If they fail to do so, the 90-day rule is extended).

Once a personal grievance has been raised with an employer, the parties may either try to resolve the matter themselves, or seek mediation assistance through the Department of Labour. If mediation fails, they can take the matter to the Employment Relations Authority, and then to the Employment Court if necessary.

The Employment Relations Authority and the Employment Court can:

• make recommendations to an employer about the action they should take to prevent future harassment in their workplace
• order that the employee be reinstated into their position, or a similar position within the organisation (This can include an order for interim reinstatement if the cause of the grievance is likely to take a long time to be determined – for example when the matter goes to a formal Employment Court hearing.)
• order the reimbursement of lost wages or salary
• make an award for damages for humiliation, loss of dignity, or injury to the employee’s feelings
• make an award to compensate for the loss of other benefits, such as holiday leave entitlements or preferential study entitlements.

If the Authority or the Court decide not to accept the employee’s version of events, they do not have to make any orders at all, instead letting the employer’s action stand.