Personal Grievances in NZ: What's Changed in 2026

If you've ever felt treated unfairly at work — dismissed without a fair process, harassed, or pushed out — you may have heard the phrase personal grievance thrown around. It's one of the most important tools New Zealand employees have when something goes wrong in the workplace. But 2026 has brought some notable changes to how these claims work, and it's worth understanding where things now stand.

What Is a Personal Grievance?

A personal grievance is a formal claim an employee can raise against their employer for unfair treatment. According to Employment New Zealand, the grounds for raising one are fairly broad. They can include things like:

Believing you were unjustifiably dismissed

Experiencing harassment or discrimination

Being treated unfairly for reasons related to family violence

Not having legal requirements met around things like agreed hours, availability provisions, or shift cancellation notice and compensation

Being treated unfairly for lawfully refusing to work in certain circumstances

Generally speaking, there's a 90-day window from the time the grievance arises to raise it with your employer. Missing that window could affect your ability to pursue the claim, so if something has happened at work that's bothering you, it's worth acting sooner rather than later.

Remedies, if a grievance is upheld, may include compensation or — in some circumstances — reinstatement to your role.

A Brand-New Ground: Talking About Your Pay

One of the more quietly significant changes to arrive recently came into force on 27 August 2025, when the Employment Relations (Employee Remuneration Disclosure) Amendment Act 2025 passed into law.

In short, it's now unlawful for an employer to take adverse action — such as dismissing, demoting, or otherwise disadvantaging you — because you discussed your pay with a colleague, asked about someone else's pay, or disclosed your remuneration for related reasons. This adds a new ground for raising a personal grievance under the Employment Relations Act.

The intent behind this change appears to be promoting pay transparency, which many see as a practical tool for identifying and addressing pay discrimination. If you've experienced any negative treatment at work connected to a pay conversation, it may be worth exploring whether this protection applies to your situation — and speaking with a lawyer if you're unsure.

The Big 2026 Change: High-Income Earners and Unjustified Dismissal

The change that's generated the most conversation came into effect on 21 February 2026 under the Employment Relations Amendment Act 2026.

From that date, employees earning NZD $200,000 or more per year can no longer raise a personal grievance on the grounds of unjustified dismissal — at least in most cases. This restriction appears to apply to new hires from that date, and there is a 12-month transition period during which existing employment agreements can be renegotiated to reflect the new rules.

It's worth being clear about what this doesn't change for high-income earners:

Employers must still follow all other rules around dismissal, including good faith obligations and giving notice.

High-income employees can still raise personal grievances on any other ground — for example, harassment, discrimination, or the new pay-disclosure protections mentioned above.

The restriction appears specifically targeted at unjustified dismissal claims.

So if you're in this income bracket and your employment agreement is up for renegotiation, it could be well worth checking with a lawyer what this means for your specific situation before you sign anything.

What Does "Good Faith" Still Require?

Even with the high-income carve-out, employers aren't off the hook when it comes to how they handle dismissals. Employment New Zealand is clear that employers must still follow the rules around good faith and reasonable notice. The process still matters — it's just that, for high earners, the personal grievance pathway for unjustified dismissal appears to no longer be available as a remedy if that process falls short.

For everyone else, a fair and transparent process from your employer remains something you're entitled to expect.

So, What Should You Do If Something Feels Wrong?

If you believe you've been treated unfairly at work, the first step is often to raise the issue directly with your employer — and to be mindful of that 90-day window. If you're unsure whether what you've experienced qualifies as a personal grievance, or you'd like guidance on the new rules, it's worth speaking with an employment lawyer. You can find one through the New Zealand Law Society at https://www.lawsociety.org.nz/for-the-public/find-a-lawyer/.

Employment agreements sit at the heart of all of this. Understanding what's actually in yours — and whether it reflects the current law — is a genuinely useful place to start.

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Not sure what's in your employment agreement? Clause can review it for you and flag the things that seem worth a closer look — in plain English, no jargon. Try a free preview today, or run a full review from $49 NZD. This post is for general information only and is not legal advice. Employment situations can be complex and fact-specific. If you have a concern about your rights at work, please consult a qualified employment lawyer.

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This is general information, not legal advice. Always consult a qualified professional. Find one at lawsociety.org.nz/for-the-public/find-a-lawyer/

Personal Grievances in NZ: What's Changed in 2026