NAG 3: PERSONNEL

TRENTHAM SCHOOL STATEMENT OF INTENT

PERSONAL GRIEVANCE

Reviewed by Leadership – September 2022

Reviewed by BOT – September 2025

Ratified by BOT – September 2022

Next review date – September 2025

PURPOSE

1. To provide a workable procedure for Board and Staff to follow in the event of:

a. Unjustified dismissal

b. Unjustifiable action by the employer

c. Discrimination in the workplace

d. Sexual harassment

e. Racial harassment

2. To ensure remedial action is taken as soon as possible.

GUIDELINES

1.A personal grievance is a complaint by an employee (or employees) that they have been unfairly, wrongfully or unjustifiably mistreated by the employer, (or anyone acting for the employer). Good employer practices will minimise the possibilities of a Board of Trustees becoming involved in a personal grievance case.

2. Grievances must be submitted in writing to the Principal, or Board as soon as practicable.

3. Guidelines shall be followed by the Board or Board Representative as laid down in the Employment Relations Act 2000 and the current Collective Agreements.

2. 1. A personal grievance must be raised with the employer within 90 days of when the personal grievance arose or first came to the employee's attention (whichever is the later).
      

   2. The employer (Board of Trustees) may be liable for harassment of staff by the employer itself, representative of the employer, employee or student of the employer.
      

   3. As with other employment relationship problems, the parties should always try to resolve a personal grievance through discussion.
      

   4. An employee can make a personal grievance claim with the Employment Relations Authority (ERA) if they believe their employer has acted in an unfair or unreasonable manner without having to discuss it with their employer or going to mediation.

Employees have three years to begin proceedings in the ERA after the personal grievance arose or first came to the employee's attention (whichever is the later).

2. 5. Confidentiality will be respected at all times.

6. The Board of Trustees will seek the advice and/or assistance of NZSTA personnel or industrial relations adviser.

7. The Board of Trustees, upon being notified by the employee, that a personal grievance is lodged, shall also immediately notify:

4. 1. the School’s insurer of the claim and obtain the Insurer’s approval to proceed

   2. the School Trustees Association

REFERENCE:

Employment Relations Act 2000