Are You Considering Lodging a Personal Grievance?
If you have had or are having issues with your employment situation at work and feel like everything has been done to try and resolve it, then it may be time to consider raising a personal grievance. There has been a growing awareness that if employers do not follow the law when it comes to their employees, it can cost them dearly in terms of legal and compensatory costs.It's important to realise that the time to lodge a personal grievance case is after everything else has been tried. If you are unsure of whether you've got to that stage or not, consult with a legal advisor to check whether you have a personal grievance. A personal grievance can be an unfair dismissal, being discriminated against on grounds of your race, sexual orientation, age, or religion or being unfairly disadvantaged by some unjustifiable action of your employer (e.g. issuing you with a warning). Sometimes there can be other overriding laws that have been breached such as the Holidays Act, Minimum Wage Act and the Parental Leave and Employment Protection Act; and of course there can be disputes over the meaning of particular terms in the employment agreement.
Mediation is often the first stage, where your legal representative works with you to present your case and act as your advocate with your employer and their lawyer. Most cases are resolved at this stage and sometimes because taking it further can be a costly exercise for both the employer and the employee. The Employment Relations Service provides this service free of charge.
If you decide to proceed with a personal grievance then it's essential you have all your information in order to build your case. This includes documenting all the dates when issues occurred, providing copies of any written communication that pertains to the case and any witnesses that can corroborate your story. You will also need to provide your employment agreement and any official documentation of your employment status and, if applicable your notice of dismissal. The more information you provide, the better the advice you will receive.
Your legal representative is there to talk you through what to expect and how they can help you. They are fully equipped with how to argue your case from a legal viewpoint, as opposed to an emotional one. This is so important as it can be very difficult to see the legal side when you are feeling hurt or "done over" by another person or a company. If you've got a personal grievance, using legal support not only is wise, but also is financially smart.
Phil Butler and Associates Ltd is one of Canterbury's leading employment law advocacy firms. Since 1992 we have been providing advice and representation to employees and employers on employment agreements, employment problems such as personal grievances, disputes, harassment, redundancy, unfair dismissals & workplace bullying and the laws governing them.
We focus on employers who have small to medium size businesses and employees working in the public and private sectors. We recognize that employers are faced with the demands of running their business and surviving in a competitive market and often have very little time and energy to deal with employment relationship problems. We also recognise that when employment relationships are dislocated, employees find it difficult to find solutions without sound tactical advice.
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