Litigation &

Dispute Resolution

Estate Litigation

When you feel you've been treated unfairly at work

Workplace issues can have a significant impact on your livelihood, wellbeing, and future career. If you believe you've been treated unfairly by your employer, understanding your rights and the options available to you is an important first step.


At Smith and Partners, we provide practical advice and representation for employees facing workplace disputes. Whether you're dealing with an unjustified dismissal, workplace bullying, discrimination, or another employment issue, we'll help you understand your position and determine the most appropriate way forward.

What is a personal grievance?

A personal grievance is a legal claim that may arise when an employee believes they have been treated unfairly by their employer. There are strict legal requirements and timeframes that apply, so obtaining advice early is important.


Not every workplace issue becomes a personal grievance, but understanding your rights and obligations can help you make informed decisions about your next steps.

Common personal grievance matters


Our team regularly advises employees on matters including:


  • Unjustified dismissal
  • Unjustified disadvantage
  • Workplace bullying and harassment
  • Discrimination in the workplace
  • Sexual harassment
  • Breaches of employment agreements
  • Unfair disciplinary processes
  • Workplace investigations
  • Constructive dismissal
  • Retaliation or adverse treatment by an employer


Every employment relationship is different, and the best course of action will depend on your individual circumstances.


Resolving workplace disputes


Many employment disputes can be resolved without the need for formal Employment Relations Authority or Employment Court proceedings.


Depending on your circumstances, options may include:


  • Early discussions with your employer
  • Workplace mediation
  • Settlement negotiations
  • Representation before the Employment Relations Authority
  • Employment Court proceedings where required


Our focus is on achieving a practical resolution while protecting your rights throughout the process.

Why seek advice early?

Employment matters are often subject to strict statutory timeframes. Seeking advice early can help you:


  • Understand your legal rights
  • Meet important deadlines
  • Preserve relevant evidence
  • Assess the strength of your claim
  • Explore opportunities for an early resolution

How Smith and Partners can help

Our Employment Law team supports employees across Auckland and New Zealand through a wide range of workplace disputes.


We take the time to understand your situation, explain your options in plain English, and work with you to achieve the best possible outcome.



If you believe you've been treated unfairly at work, contact Smith and Partners to discuss your situation and learn how we can help.

Carolyn Ranson
Deborah Sylvester

Frequently Asked Questions

  • What is a personal grievance?

    A personal grievance is a legal claim that may arise if you believe you've been treated unfairly by your employer. This can include issues such as unjustified dismissal, unjustified disadvantage, workplace bullying, discrimination, sexual harassment, or breaches of your employment agreement. Every situation is different, so it's important to seek advice about your individual circumstances.

  • How long do I have to raise a personal grievance?

    In most cases, you must raise a personal grievance with your employer within 90 days of the event or issue giving rise to the claim. There are limited exceptions, so obtaining legal advice as soon as possible can help ensure your rights are protected and important deadlines are not missed.

  • Can a personal grievance be resolved without going to court?

    Yes. Many personal grievance claims are resolved through discussions, mediation, or negotiated settlements without the need for Employment Court proceedings. Seeking legal advice early can help you understand the strength of your claim, clarify your options, and often achieve a practical resolution sooner.

  • What should I do if I think I've been treated unfairly at work?

    If you believe you've been treated unfairly, it's important to act promptly. Keep copies of relevant emails, letters, employment agreements, meeting notes, or other documents relating to the issue. Seeking legal advice early can help you understand your rights, assess your options, and determine the most appropriate next steps.

  • Can I still make a personal grievance if I've resigned?

    Yes, in some situations. If you resigned because of your employer's actions or believe you were effectively forced to leave your job (known as constructive dismissal), you may still have grounds for a personal grievance. We can review your circumstances and advise whether you may have a claim.

Helping you navigate disputes

Practical articles and legal insights on disputes, litigation, mediation, and resolution.

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