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Personal Grievances and Exits

We help you respond to grievances calmly and resolve disputes with a clear, commercial strategy.

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Erick Smith, Consultant at Carlile Dowling

Written by

Erick Smith

Consultant

Reviewed by

Carlile Dowling Lawyers

24 February 2026

Originally published 1 September 2025 Last updated 24 February 2026

General information only — not legal advice.

Erick defends employers facing personal grievances, mediations, and ERA proceedings — and negotiates settlement agreements that close the file cleanly.

Why early decisions matter

Personal grievances are where employment issues become legal risk. The first decisions you make, often in the first one to three days, shape the outcome.

A measured response can reduce risk and bring the temperature down. A reactive response can harden positions and increase cost.

We help employers slow down, assess the real risk, and respond with a plan.

Personal grievance basics

Time limits

Most personal grievances must be raised within 90 days. Sexual harassment grievances have a longer timeframe. Time limits affect urgency and strategy, but they do not remove the need to act carefully.

Common grievance types employers face:

Unjustified dismissal

The employee claims the dismissal was not justified.

Unjustified disadvantage

Discipline, suspension, or demotion without fair process.

Discrimination and harassment

Claims based on protected grounds or workplace conduct.

Constructive dismissal

The employee resigns but alleges they were forced out.

The statement of reasons trap

After dismissal, an employee can request written reasons. The employer has a short window to respond. This is one of the easiest ways to create unnecessary exposure.

Tone and wording matter. We help you respond carefully, not just quickly.

Grievance received?

The first few days shape the outcome. Talk to us before responding.

Get in Touch

Clean exits

Not every exit is a termination. Sometimes the best outcome is a documented exit that avoids a long dispute. We help you get the documentation right.

Common mistakes with exits:

  • Rushing into "mutual agreement" without proper documentation.
  • Making informal promises about references or payments.
  • Inconsistent communications across managers.

Key point:

Settlement documentation should be handled with advice. We draft agreements that protect your business.

What to do when you receive a grievance

We guide employers through each step of the response process.

  • 1 Slow down. Avoid reactive emails or texts. They become evidence later.
  • 2 Preserve documents. Agreements, policies, time records, meeting notes, and relevant communications.
  • 3 Identify the real risk. What is the likely claim? What remedy is being sought?
  • 4 Consider resolution paths. Direct conversation, mediation, or the Authority process.
  • 5 Get advice from us early. Especially for dismissal risk, serious allegations, or public pressure.

High-income employee threshold

A remuneration threshold now limits unjustified dismissal claims for employees earning $200,000 or more under new employment agreements. A transition period applies to existing agreements, and parties can opt in by agreement.

This is not a free pass. Other legal risks remain, and agreement wording matters. We help you understand what this means for your specific situation.

Hawke's Bay context

We work with employers across Hawke's Bay. We understand the local employment landscape and the industries that drive it. Seasonal businesses, small teams, and close-knit workplaces all bring specific dynamics to grievance situations.

Getting advice early is more valuable in smaller communities where reputations matter.

What we do at this stage

We help employers respond to grievances with a clear, practical strategy.

  • We triage risk quickly and advise on what to do today versus what can wait.
  • We draft written responses and statements of reasons.
  • We prepare you for mediation and represent you if needed.
  • We draft settlement agreements that manage risk properly.

How we help

We help you respond to grievances with a clear strategy, protect your position, and resolve disputes commercially.

Received a grievance? Get advice from us before you respond. Call us on 06 835 7394 or email mailbox@cardow.co.nz .

Guide Complete

You've completed the guide

You are now ready to take the next phase.

Grievance arrived? Respond with the right strategy.

The first few days shape the outcome. We help you respond, prepare for mediation, and negotiate settlement agreements that close the file cleanly.

Or email us at mailbox@cardow.co.nz

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