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:

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

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