A personal grievance has to be raised with the employer within 90 days beginning with the date the action happened or came to the employee's notice, whichever is later. Because the period begins with that day, the day itself is day one and the last day is 89 days after it. A dismissal on 25 September 2026 can be raised until 23 December 2026. For a sexual harassment grievance the period is 12 months, not 90 days.
Where the rule comes from
Section 114 of the Employment Relations Act 2000 says a grievance must be raised within the employee notification period, unless the employer agrees to a later date. Subsection (7) defines that period: 90 days for most grievances, and 12 months for a grievance about sexual harassment. Both begin with the date on which the action occurred or came to the notice of the employee, whichever is the later.
The 12-month period arrived with the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023, in force since 13 June 2023. Employment agreements that still quote 90 days for every grievance are out of date on that point.
Which date starts the clock
Record two dates at intake: the day the action happened, and the day the client learnt of it. The period runs from the later one.
For a dismissal, the two are often the same day. Where they differ, for example a dismissal letter dated one day and opened on another, or a dismissal with notice, note both. Count from the earlier date when deciding how urgent the matter is. Argue for the later one only if you have to.
How to count the days
- Day one is the trigger date itself. The Act says the period begins with that date, so it is included.
- The last day is 89 days later. 25 September plus 89 days is 23 December.
- Do not add a day for a weekend. If the last day falls on a Saturday or Sunday, treat the Friday before as the deadline. Nothing in section 114 moves the date, and an argument about working days is not one you want to need.
- For sexual harassment, count 12 months. The last day is the day before the same date a year on: a grievance triggered on 15 March 2026 can be raised until 14 March 2027.
The personal grievance deadline calculator does this arithmetic and writes the date out in full for the file.
What counts as raising the grievance
Under section 114(2), a grievance is raised as soon as the employee has made the employer aware, or taken reasonable steps to make the employer aware, that they allege a personal grievance they want addressed. A conversation can be enough in law. In practice, a dated letter or email that uses the words personal grievance, names the action complained of and asks the employer to address it leaves nothing to argue about later.
Keep proof of sending. If the client raised it themselves before they came to you, get a copy of whatever they sent and the date it went.
If the period has passed
Two routes remain. The employer can consent to the grievance being raised late. Failing that, the Employment Relations Authority can grant leave under section 115, but only on the exceptional grounds the section lists, such as a representative who was instructed in time and failed to act, or an employee so affected by the events that they could not raise it in time. Leave is the exception, and a client who waited because they hoped things would settle is rarely inside it.
Check the other claims in the file as well. Unpaid wages, holiday pay and breaches of the agreement have their own time limits and do not depend on a grievance being raised.
After the grievance is raised
Raising the grievance stops the 90-day clock. The next step is usually mediation through Employment New Zealand, then an application to the Authority if nothing is agreed. Section 114 also sets a limit for that application: three years from when the grievance was raised. Note it on the file at the same time as the 90-day date.
What to collect at intake
- The dates: when the action happened, when the client learnt of it, when they last worked and when they were last paid.
- The employment agreement, with any trial period clause.
- The dismissal or outcome letter, warnings and meeting invitations.
- Messages with the manager, and the client's own notes of each meeting.
- What the client wants: reinstatement, lost wages, compensation.
The client intake checklist has the full employment list, and a client who comes to you through a Sidqo link has already answered the date questions and uploaded the agreement before you open the file.
Questions
Does the 90 days start on the day of dismissal or the day after?
On the day itself. Section 114 says the period begins with the date the action occurred or came to the employee's notice, so that day is day one and the last day is 89 days later.
Is the deadline extended if the 90th day is a weekend or a public holiday?
Do not rely on it. Nothing in section 114 moves the date. Raise the grievance by the last working day before the deadline.
Does a grievance have to be in writing?
No. It is raised once the employee has made the employer aware, or taken reasonable steps to, that they allege a personal grievance they want addressed. A dated letter or email is still the safest way to prove it.
Sidqo provides legal information, not legal representation. This guide describes the general position in New Zealand for lawyers; it is not advice on any client's matter. Check the current legislation before relying on a date or a figure.