Raising a personal grievance

Raising a personal grievance

An employee must raise a personal grievance within 90 days, beginning with the date on which the action occurred or came to the notice of the employee. The personal grievance will be regarded as having been raised as soon as the employee has taken reasonable steps to make the employer aware that he or she alleges a personal grievance.

The Employment Relations Authority may grant an extension to the 90-day period in “exceptional circumstances”, including where:

  • The employee has been so traumatised or affected by the matter that he or she has been unable to properly consider raising the grievance within the 90-day period
  • The employee’s agent unreasonably failed to raise the personal grievance within the 90-day period
  • The employee’s employment agreement does not contain the required explanation about the services available in relation to employment-related problems
  • The employer has failed to provide a statement of the reasons for the dismissal, if the employee has requested this

Where an extension is granted, the employer and employee will be directed by the Authority to use mediation in an attempt to resolve the grievance.

No action may be brought in the Authority or the Court in relation to a personal grievance more than three years after the date the personal grievance was first raised.