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

The 90-day trial period has been extended to all employers regardless of the number of employees.  All employers can now hire new employees on a trial period of 90 days or less without the risk of the employee taking a personal grievance for unjustified dismissal (they may still take a personal grievance on other grounds) in the event that the employee is dismissed during the trial period.  This all sounds wonderful in theory, but what is being discovered through the Courts is that it’s not as easy as it sounds.

12 September 2011, Tony Ryall

Paul Diver speaks at the Icehouse conference, 2010.