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Two of the Most Common Personal Grievances Explained

HR Policies

5 May 2025 (Last updated 3 Sept 2025)

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A personal grievance is a procedure for an employee (or ex-employee) to challenge dismissals or treatment they consider to be unfair.

A personal grievance is raised if the employee has made it reasonably clear in enough detail to their employer that they have a complaint they want addressed. Two common types of complaints that can be raised by bringing a personal grievance are unjustified dismissal and unjustified disadvantage.

Unjustified dismissal

An employer should only dismiss an employee on reasonable grounds and after a fair process. An employee may be able to lodge a personal grievance claim if an employer does not do the following when terminating their employment:

Act in good faith

Acting in good faith means both the employer and employee should be honest, fair and transparent in their dealings with each other. They should listen to one another and respond appropriately in a timely manner.

Have a good reason

A good reason for dismissal must be genuine and reflect what a fair and reasonable employer could have done at the time of the dismissal in the circumstances. Examples of good reasons include serious or repeated misconduct.

Follow a fair and reasonable process

Procedural fairness is equally important – an employer should fully investigate any concerns and then raise them with the employee allowing a reasonable time to respond. The Employee must be given the opportunity to seek independent advice and have a representative or support person present if they prefer. The employer should carefully and genuinely consider the employee’s responses with an open mind and take into account any extenuating circumstances before making a decision.

Make sure the outcome is not pre-determined

You must be able to prove, as the result of a complete and fairly conducted investigation, that you were justified in believing the misconduct occurred and that termination is a fair and reasonable outcome in the circumstances. Try to avoid bending the process and facts to meet a certain outcome.

Unjustified disadvantage

Employers must not do something that affects an employee’s employment in a way that disadvantages them or affects their ability to do their job.

Examples of employees who have been ‘disadvantaged’ may include employees who have:

  • been given a warning, suspended , or demoted,
  • had hours of work or pay changed without consultation,
  • been underpaid,
  • been misled by their employer,
  • not had the opportunity to respond to allegations against them,
  • not had a safe workplace, or
  • not been informed about proposals which may affect their employment.

A personal grievance claiming unjustified disadvantage generally concerns something an employee is entitled to under their employment agreement. An employer needs to ensure the actions they took are reasonable and justifiable in the circumstances.

BrightHR Software can help you keep track of your employees’ working hours, and corresponding pay and entitlement, by monitoring absences and shift schedules as employees clock in and out with Blip.

Blip sends reminders to, and notifications from employees in respect of clocking on and off so you can track time and location. It also allows employees to log breaks. You can then generate a report that will show the number of shifts and hours worked, breaks and their duration and the total number of hours worked excluding those breaks to help with payments.

How Peninsula can help you

Peninsula may be able to assist you if you are currently subject to an unjustifiable dismissal, unjustified disadvantage or other type of personal grievance claim, and assist you in shoring up your business’ policies and processes to better protect your business and your people in the event of any future personal grievance claim.

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Physical Appearance in the Workplace

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HR Policies

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HR Policies

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HR Policies

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It’s also important to avoid posting anything that could be construed as discrimination or harassment.  Post derogatory comments about the company or coworkers: Even if an employee is just having a bad day, it’s not worth them airing their grievances on social media. Doing so could damage their professional reputation and get them in trouble with the company.  Over-share: It’s important to remember that social media posts are a reflection of the employee and their company. Staff should be careful about what they share, and make sure they’re comfortable with the world seeing it.  Duty of care and social media In New Zealand, employers have a duty to provide a safe and harassment-free workplace. This extends to work-related social events, such as office Christmas parties. Examples of risks related to year-end parties include: employees engaging in inappropriate or unwanted behaviour, such as sexual harassment, offensive comments, or violence excessive drunkenness of employees which may result in placing themselves or others in danger, and employees driving while intoxicated and risking their own and others' lives. If somebody has overindulged and their judgment is impaired, they may post something to social media that breaches the privacy of others. They may post photos or videos on the company social media accounts without gaining permission from people in the photos. Ensuring privacy should be a part of your social media policy. How to be social media savvy at the office Christmas party  Here are a few tips for employees on how to have fun and be safe on social media at the office Christmas party:  Be mindful of what you post. Think about who might see your posts and how they might be interpreted.  Get permission from colleagues before posting photos or videos of them.  Don’t post anything that is inappropriate, offensive, or discriminatory. If you’re unsure, it’s best to err on the side of caution and keep it to yourself.  Don’t over-share. Be careful about how much personal information you share online.  Don’t post about the party while you’re still at the party. You might not be thinking clearly after a few drinks, and you could end up posting something that you later regret. Before you hit ‘post’, mull it over. Those mulled wines might have impaired your judgement! Tips for employers on how to manage social media risks Here are a few tips for employers on how to manage social media risks at office Christmas parties:  Remind employees of the social media policy before the office Christmas party. This will help to ensure that everyone is aware of the company’s expectations and that they’re following the policy.  Monitor social media during and after the office Christmas party. This will help you to identify any inappropriate posts and to take appropriate action if necessary.  Be prepared to take disciplinary action against employees who violate a social media policy. This may include verbal or written warnings, or termination. Last, but definitely not least, have a social media policy in place. This policy should outline the company’s expectations for employee social media use, both during and outside of work hours. The policy should also be communicated to all employees on a regular basis.  Create a workplace social media policy in five simple steps  If you don’t already have one, it’s wise to put a social media usage policy in place before the party season kicks in. Here’s a simple five-step guide to creating a policy tailored to your company.    Identify your goals: What do you want your social media policy to achieve? Do you want to protect your brand reputation, prevent employees from sharing confidential information, or encourage employees to use social media to promote the company? Once you know your goals, you can start to develop specific policies and procedures. Make sure they are specific to your industry and company culture.  Research the law: There are a number of laws that apply to social media use in the workplace, such as anti-discrimination laws, privacy laws, and defamation laws. It is important to make sure that your social media policy complies with all relevant laws.  Get input from employees: It’s important to involve employees in the development of your social media policy. This will help to ensure that the policy is fair and reasonable, and that employees understand and agree with the rules.  Write clear and concise policies and procedures: Your social media policy should be easy to read and understand. It should clearly state what is and is not acceptable behaviour on social media, and what the repercussions will be for breaking these rules and violating the policy.  Communicate the policy to employees: Once you have developed your social media policy, it’s important to communicate it to all employees. This can be done through a variety of channels, such as email, training sessions, or employee handbooks  Remember – the social media landscape is always changing, and your policy will need to evolve to reflect the times too. Be sure to review your policy regularly and update it as needed.  Social media can be a great way to have fun and connect with colleagues at the Christmas party. However, it’s important that staff are mindful of what they post, both for their own sake and for the sake of your business. By following all the tips above, you can make your office Christmas party one to remember (for the right reasons!) and avoid any social media slip ups.   If you’re a Kiwi business owner and unsure about your policies and procedures, speak to the experts today. Call our FREE Advice Line on 0800 459 907 and get all your difficult HR questions answered. Have a question? Have a question that hasn't been answered? Fill in the form below and one of our experts will contact you back. This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.

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