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Results for personal grievance

Showing 41-48 of 60 results
Record of settlement (s 149): what it means and how signing works

How a mediated Record of Settlement works under s 149, including signatures, remote execution, mediator certification, enforceability and the need to understand the terms before they become final.

Matched passage: Done properly, it can resolve a Personal Grievance (PG) quickly, confidentially, and on terms you control - without waiting months for an ERA hearing.
Good faith in New Zealand employment law - what section 4 requires

A practical explanation of the statutory duty of good faith in s 4 of the Employment Relations Act, including active and constructive conduct, responsiveness, communication and disclosure before adverse decisions.

Matched passage: Good faith is not the same as a personal grievance A breach of good faith does not automatically mean an employee has been unjustifiably dismissed or disadvantaged.
EMA's case for regulating employment advocates is not evidence-led

A critique of the Employers and Manufacturers Association case for new regulation of employment advocates, focusing on whether the publicly identified evidence demonstrates widespread advocate-specific consumer harm.

Matched passage: Personal grievance rights are created by law, not by advocates Employment advocates do not create personal grievance rights.
s 150A not applied; compliance on advocate s 149 invoice upheld (Mackey v Shearing NZ Ltd [2026] NZERA 146)

After a settlement recorded under s 149, Shearing NZ resisted compliance with payment obligations and pursued confidentiality-related penalties against Ms Mackey and allegations that her advocate had aided or procured a breach. The dispute therefore combined enforcement of the settlement with an attempted expansion of liability to the employee's representative.

Matched passage: A personal grievance was raised on her behalf by Sacked Kiwi.
Recurring problems that come up in ERA cases

Recurring factual and procedural mistakes seen in ERA disputes, including poor records, unclear allegations, rushed dismissals, weak redundancy consultation and failures to prove loss or mitigation.

Matched passage: " If the Authority (or Court) accepts that a personal grievance caused non-monetary harm, the task is to assess the nature, extent, and causation of that harm under s 123(1)(c)(i) of the Employment Relations Act 2000.
Serious misconduct in NZ employment law - how to classify it (and why it matters more after 21 Feb 2026)

A practical framework for distinguishing ordinary misconduct from serious misconduct after the 2026 remedy amendments, with emphasis on the contractual standard, the facts proved and proportionality.

Matched passage: It can become a remedy killer in a Personal Grievance (PG) if the employee's actions are found to be serious misconduct and contributed to the situation.
Employment Court (NZ): what it does, when you end up there, and how to prepare

What the New Zealand Employment Court does, how a de novo challenge differs from an ERA investigation, key procedural stages and what parties should expect when preparing for a hearing.

Matched passage: Quick definitions PG = Personal Grievance ERA = Employment Relations Authority Employment Court = Court that can hear challenges to ERA determinations and other employment claims The short version It is more formal than the ERA.
Employment Advocates in the Employment Court

The debate over whether non-lawyer employment advocates should be allowed to represent parties in the Employment Court, with a focus on access to justice, existing court powers and the evidence said to support exclusion.

Matched passage: ... such a claim sooner than the Authority? If on day one, we told an employee client that any Personal Grievance raised, or Authority proceeding filed, could lead to a challenge that we cannot defend for them, most people are not going to want to go through this dispute ...

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