Personal Grievances

Apex Consulting represents both employers and employees in respect of personal grievance claims providing guidance and support throughout the process. This includes providing legal advice, negotiating with representatives for the other party, determining whether settlement may be possible and negotiating this and/or attending MBIE-provided mediation to try and reach a full and final resolution without the need to escalate the dispute to the employment institutions. If settlement is not possible, Heather is able to represent  clients in all aspects relating to the dispute in the Employment Relations Authority and the Employment Court.

Typical Scenarios

Employers

  • Help! I have received a personal grievance from one of my current/former employees who is claiming that we have:
    • Unjustifiably disadvantaged him/her
    • Breached his/her employment agreement
    • Unjustifiably dismissed him/her
    • Breached our good faith obligations
    • Unfairly discriminated against him/her
    • Constructively dismissed him/her
  • What does this mean?
  • Please help us understand what we have done wrong?
  • How much is this going to cost our business?
  • What are the next steps?
  • I had an argument with an employee yesterday, which became heated. The employee told me, “that’s it, I resign”. I just want this employee gone. Can I just accept her resignation and be done with it?
  • What if he/she calls me tomorrow wanting to withdraw her resignation? Do I have to agree?

Employees

  • Please help me! I believe I am being treated unfairly at work?
  • My manager has told me that I can either resign or be fired. Can he/she do this?
  • My employment was terminated yesterday and I don’t know where to turn. Can my manager simply fire me?
  • My manager refuses to communicate with me when I talk to them about things that are concerning me at work. Can he/she simply ignore me?
  • I am feeling stressed and overwhelmed with the amount of work I am expected to complete and find myself working more hours than I am being paid for just to try and achieve everything. Is this fair? How can I approach this with my manager? Am I entitled to be paid overtime for the extra hours worked? Can I simply refuse to work additional hours to those set out in my employment agreement?
  • I feel as though I am going to crash if nothing changes. Am I allowed to take stress leave until I feel better or is this only available when I have a physical illness or injury
  • I had an argument with my manager yesterday and we both became very angry. I just wanted it over with and so I told him/her, “that’s it, I resign”. I am regretting my hasty response today and wish I could take my words back. Is it too late?

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