Cavell Leitch Law
 

Personal grievances - Do you have one?

If you are considering raising a personal grievance you should remember that there is a 90 day time limit for raising a grievance from the date that the action amounting to the grievance occurred or came to your notice.

Personal grievances can be raised where:

  • You have been unjustifiably dismissed
  • Your employment or conditions of employment have been affected to your disadvantage by some unjustifiable action by the employer
  • You have been sexually or racially harassed in your employment
  • You have been subject to duress in relation to your membership or non-membership of a union or employees organisation

Personal grievances frequently seem to be the result of a breakdown in communication between an employee and employer. If a situation arises where a decision by your employer causes you to consider raising a personal grievance, wherever possible you should get your employer to record the decision in writing. This will minimise miscommunication, and if a grievance is ultimately raised it will be valuable as evidence of the decision.

If you are required to attend a disciplinary or performance related meeting you should have your legal adviser attend the meeting with you. If this is not possible you should at the very least attend the meeting with an independent support person.

If you are considering raising a personal grievance, or you suspect that one of your employee’s is going to raise a grievance, please contact one of our employment experts who will be able to advise you on the best way to proceed.

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Personal grievances - Do you have one?

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