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http://www.employmentrelations.co.nz/Our+Expertise/Helping+Employe...
Our Expertise > Helping Employees > Unfair Dismissal > How to write a PG letter
To bring a personal grievance for unjustified or unfair dismissal against your employer you must start by raising the grievance with them. To raise a personal grievance for unfair dismissal you do not necessarily have to make a written complaint. You are only required to make the employer aware, or take reasonable steps to make them aware, that you allege a personal grievance on the basis of unjustified dismissal. However, resolving your claim will be much easier if you put your personal grievance in writing, stating the nature of the grievance, the relevant facts and the remedies you want to resolve the matter. It is also important to ask for a response within a reasonable time frame. There is a time limit of 90 days to submit your personal grievance to the employer. It is important that you take action quickly. If you do not submit your personal grievance withn 90 days the employer does not have to consider the grievance and you won't be able to get help from the Employment Relations Authority of the Department of Labour unless there are exceptional circumstances.
We have worked in employment law since 1997. Over that time we have fine tuned the questions an employment representative or consultant needs to ask you to work out whether you have a personal grievance claim for unjustified dismissal and can give your a free preliminary opinion. You can see the questions by going to our Personal Grievance Questionnaire. (Requires free registration) If you want a free, no obligation, preliminary opinion on your dismissal submit the questionnaire and and we will provide you with a comprehensive written response.
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http://www.employmentrelations.co.nz/Our+Expertise/Helping+Employe...
comfort in the fact that you are doing something about it You are taking action!
Interim reinstatement
The Authority can order the employee to be reinstated until the personal grievance is heard, if the employee asks for this. The Authority may impose conditions when ordering reinstatement.
Reimbursement
If an employee has lost wages or other money as a result of the grievance, the Employment Relations Authority can order the employer to pay all or part of the lost amount. Unless the Authority thinks that the employee was partly to blame, it must order the employer to pay at least all lost money up to three months' ordinary time wages, and may award more.
Compensation
The Authority may order the employer to pay money to the employee for: any effects on the employee personally, such as humiliation, loss of dignity or injury to his or her feelings the loss of any benefit which the employee might reasonably have expected if the grievance had not arisen.
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http://www.employmentrelations.co.nz/Our+Expertise/Helping+Employe...
Contributory fault
The Authority must reduce the remedies if the employee is found to be partly at fault in a grievance case.
STEP 1 Write down what happened before your dismissal STEP 2 List the important meetings and dates STEP 3 List the documents you have that relate to your employment and your dismissal STEP 4 Write down your Employers details STEP 5 Check for Gaps in your information STEP 6 Get clear on the remedies for Personal Grievance claims STEP 7 Get advice from an Employment Representative or Consultant STEP 8 Write your letter
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