Personal grievance
What is discrimination under the Employment Relations Act?
It is unlawful for an employer to discriminate against an employee on a number of grounds, such as sex, race, union membership and other.
Contact NZSTA in the first instance.
Discrimination may occur where the employer unjustifiably does any of the following:
- doesn't give the same benefits or opportunities to an employee which are given to an employee of similar experience
- dismisses the employee
- subjects the employee to any detriment
- retires the employee or requires the employee to retire.
Discriminatory grounds are defined as:
- The prohibited grounds of discrimination (e.g. sex, race, ethnicity).
- If the employee refuses to perform work likely to cause serious harm.
- The employee's involvement in union activities.
Where an employee alleges discrimination they have the option of either pursuing their claim under the Employment Relations Act or the Human Rights Act.
There is no 90 day time-limit for complaints to the Human Rights Commission.
Updated: June 2017
