St Joseph's School
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A staff member (or former staff member) who has a personal grievance has the right to raise that grievance against their employer (Employment Relations Act 2000). At St Joseph's School, we encourage staff to raise employment-related concerns using the concerns and complaints policy and processes in the first instance, although they are free to raise a personal grievance at any time if their concern or complaint meets the reasons for a personal grievance. Personal grievances are managed differently to our usual school procedures for raising a concern or making a complaint.
Reasons for a personal grievance
Reasons for raising a personal grievance under the Employment Relations Act (s 103) include the claim:
Note that the terms above (e.g. discriminated against, sexually harassed) have specific meanings under the Act.
Also see Personal grievances 
(Employment New Zealand).
Raising a personal grievance
If a staff member wants to raise a personal grievance, they should follow the provisions of their employment agreement.
To raise a personal grievance, a staff member should:
The staff member must give enough information to allow the board to respond to the matters raised. Raising a personal grievance verbally is not recommended. If a personal grievance is raised verbally, the board takes appropriate notes.
If a staff member wishes to raise a personal grievance, they must raise it within the following timeframes:
The timeframe begins on the date on which the action alleged to amount to a personal grievance occurs, or when the staff member becomes aware of it, whichever is later. The board may consent to extend the timeframe to a later date, or the employee may apply to the Employment Relations Authority.
Where the grounds for a personal grievance would also meet the grounds for a complaint under the Human Rights Act 1993, the staff member may only take one of the following actions: apply to the Employment Relations Authority to resolve the grievance (if the grievance is not otherwise resolved); or, make a complaint under the Human Rights Act.
Responding to a personal grievance claim
If the board receives a personal grievance claim from a staff member (or former staff member), they may:
We follow our privacy policies at all times when managing personal grievances.
If mediation is unsuccessful, the staff member or the school can apply to the Employment Relations Authority to help resolve the matter and provide a determination.
When a personal grievance is resolved, the board may enter into a record of settlement with the staff member. The record of settlement is a full and final settlement of the personal grievance. It outlines terms agreed by the parties, such as a lump sum payment, payment of wages, confidentiality, and non-disparagement provisions. Records of settlement may be submitted to Employment Mediation Services for certification by a mediator. Certification means the agreement is final and binding and cannot be cancelled by the parties. See Records of settlement (Employment New Zealand).
The board debriefs any personal grievance after it is resolved to consider areas of improvement for the school. Any records are kept confidentially and disposed of according to our records retention and disposal schedule.
Release history: Term 1 2025, Term 1 2024, Term 2 2022
