Responding to a Personal Grievance
If a personal grievance is raised with an employer, it is important that the employer responds to the personal grievance in a well considered and strategic way.
Personal Grievance Defence
In my experience, how an employer responds to a personal grievance claim will have an influence how far that case is taken against that employer's business. A well considered response is thoroughly important in the early stages of defending a claim.
- Do not respond until you get sound advice.
- Consolidate copies of relevant emails, text messages and other communications.
- Do not consent to claims that are raised outside of the 90 day notification period.
- Focus on the fair process and aspects of how the business dealt with the employee.
- Highlight any serious or disgraceful misconduct or actions the employee took to contribute to their claim.
- Consider what counter-claims may be taken against the employee.
- Put mitigation of loss at issue.
- Try and settle early on a "without prejudice" basis.
Defending Employers
Having spent years of taking personal grievance claims against employers for my employee clients has shaped how I manage being on the other side of the table, that is the defending of an employer from a personal grievance claim.
Unlike "no win, no fee" which is often available for the employee, the employer has to pay no matter what, whether they pay the employee to go away and pay their own costs in defending it, this can include cases that have no merit at all. It will still cost the employer no matter what.
When an employer receives a personal grievance letter it is at that point that the paper trail, facts and events of what happened will matter. This is why early, sound advice, and the employer taking the correct actions is important to not make the situation any worst than it already is.
Read our full article
We write for the Deals on Wheels magazine. Read our full article:
Download File: Responding to a personal grievance
Related articles
Browse all articles
Employer ERA Costs
Employers are often shocked that even when they win in the Employment Relations Authority (ERA), recovering actual legal spend from an employee is usually limited. The starting point is the ERA daily tariff and costs are a contribution, not an indemnity.
Unreasonable Employment Lawyer Costs
Employers beware of high employment lawyer fees when defending a personal grievance claim. Even if you win, recovering your actual legal spend in the ERA is usually limited by the daily tariff approach.
150A Payment on resolution of problem and Advocates' GST Invoices are lawful
Parties can agree that an advocate is paid directly by the employer in terms of an s 149 record of settlement. "Payment" excludes legal or advocacy services where such service is a separate term of the settlement and a GST invoice for a defined sum is provided to the other party.
Federated Farmers Employment Contract Disputes
The Federated Farmers Employment Contract is commonly used by farmer employers. We represent employers in employment disputes where problems arise with these contracts. The correct preparation and execution of the Federated Farmers Employment Agreement is important for the farmer employers that use them.
No Win No Fee For Employers
There are a lot of employers who think that "No Win, No Fee" is an arrangement available to their business in defending a personal grievance or other claims.
Identification of Employer
Where there is confusion or ambiguity of the identity of the employer the legal test requires an objective observation of the employment relationship at its outset with knowledge of all relevant communications between employer and employee.