Section 103 — Employment Relations Act 2000: Personal grievance

103 Personal grievance (1) For the purposes of this Act, personal grievance means any grievance that an employee may have against the employee's employer or former employer because of a claim— (a) that the employee has been unjustifiably dismissed; or (b) that the employee's employment, or 1 or more conditions of the employee's employment (including any condition that survives termination of the employment), is or are or was (during employment that has since been terminated) affected to the employee's disadvantage by some unjustifiable action by the employer; or (c) that the employee has been discriminated against in the employee's employment; or (d) that the employee has been sexually harassed in the employee's employment; or (e) that the employee has been racially harassed in the employee's employment; or (f) that the employee has been subject to duress in the employee's employment in relation to membership or non-membership of a union or employees organisation; or (g) that the employee's employer has failed to comply with a requirement of Part 6A ; or (h) that the employee's employment has been adversely affected because the employee is a member of a KiwiSaver scheme within the meaning of section 4 of the KiwiSaver Act 2006 or a complying superannuation fund within the meaning of section YA 1 of the Income Tax Act 2007. (2) For the purposes of this Part, a representative , in relation to an employer and in relation to an alleged personal grievance, means a person— (a) who is employed by that employer; and (b) who either— (i) has authority over the employee alleging the grievance; or (ii) is in a position of authority over other employees in the workplace of the employee alleging the grievance. (3) In subsection (1)(b) , unjustifiable action by the employer does not include an action deriving solely from the interpretation, application, or operation, or disputed interpretation, application, or operation, of any provision of any employment agreement. Compare: 1991 No 22 s 27 Subsection (1)(f) was amended, as from 14 September 2006, by section 7(1) Employment Relations Amendment Act 2006 (2006 No 41) by adding the expression “ ; or ” . See section 11 of that Act as to the transitional provisions. Subsection (1)(g) was inserted, as from 14 September 2006, by section 7(2) Employment Relations Amendment Act 2006 (2006 No 41). See section 11 of that Act as to the transitional provisions. Section 103(1)(g): amended, on 10 September 2008, by section 7(1) of the Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008 (2008 No 58). Section 103(1)(h): added, on 10 September 2008, by section 7(2) of the Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008 (2008 No 58).