Under the Employment Relations Act 2000, a “personal grievance” is an action taken against an employer or former employer by an employee who claims to have been: • unjustifiably dismissed • disadvantaged in employment by an unjustifiable action of the employer • discriminated against • sexually harassed • racially harassed • subject to duress in relation to union membership, or • disadvantaged by the employer’s failure to comply with the Act’s requirements in relation to restructuring    situations

90 Day Rule Raising Personal Grievance

In accordance with section 114 of the Employment Relations Act, every employee who wishes to raise a personal grievance must raise the grievance with his or her employer within the period of 90 days beginning with the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is the later, unless the employer consents to the personal grievance being raised after the expiration of that period.

Bill Higher Income Earners Contract Personal Grievance Provisions

The Employment Relations (Allowing Higher Earners to Contract Out of Personal Grievance Provisions) Amendment Bill passed its first reading on 22 March 2017.

Receipt Employees Solicitor Receipt Employee

An employee must raise a personal grievance with his or her employer within the period of 90 days from the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is the later, unless the employer consents to the personal grievance being raised after the expiration of that period (Employment Relations Act 2000, section 114).

Case Agents Failure Raise Grievance Exceptional Circumstance

When an employee does not raise an alleged personal grievance within the statutory 90-day period, the employee can make an application to the Employment Relations Authority seeking leave to raise the personal grievance out of time: section 114(3), Employment Relations Act 2000. The Authority may grant leave if:

Benefits Mediation

The EMA has released its annual analysis of personal grievance cases heard at the Employment Relations Authority, and again it was a sorry story for employers with employees’ winning 72% of cases.

Resignation Formal Process

If an employee tenders his/her resignation during a formal process (disciplinary/investigation etc) it is important that the employer follows the correct procedure to ensure that the Company is not exposed to the risk of a personal grievance for constructive dismissal.

90 Day Trial Period Trip

Since 1 April 2011, the 90-day trial period has been available to all employers regardless of the number of employees.  Employers now have the opportunity to hire new employees subject to a trial period of 90 days or less. In the event that an employee is dismissed during the trial period, they are prevented from taking a personal grievance for unjustified dismissal.  However, employees can still still take a personal grievance on other grounds.

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