Recent win for our client defending a personal grievance in the Employment Relations Authority

A recent Employment Relations Authority (ERA) decision has brought a significant victory for our client, Qestral, in a complex personal grievance case. We were happy to help them navigate the complexities of employment law and the Employment Relations Authority (ERA).

Employment Relations Authority hearing room, where the recent personal grievance case was decided

In summary

The case involved serious allegations of unjustified summary dismissal based on claims of racial and derogatory comments made by an employee.

Qestral conducted what it described as a “long and thorough” investigation into allegations that an employee had

• described Pasifika people as “fat and lazy”; and

• referred to Māori visitors as "these blacks"

The company gave their employee and her representative opportunities to respond to the findings, but determined that it was likely that these comments had been made and that this was serious misconduct. The ERA concluded that our client's investigation was not predetermined and that the decision was based on the evidence available.

Practical takeaways for employers

• Thorough, reasonable investigations protect employers: A detailed, documented investigation process is essential when dealing with serious misconduct allegations, including

  • Conducting a fair and comprehensive investigation

  • Allowing the employee to respond with representation

  • Documenting all steps clearly to withstand scrutiny in the ERA

• Seeking expert HR advice results in success: Partner with the expert HR consultants like us to guide you through complex employment law matters.

  
  

Employers who invest in strong human resources practices reduce the risk of costly disputes and create a respectful workplace culture.

Why this win matters for employers

The ERA’s decision in favour of Qestral sends a clear message: employers who follow fair procedures and base their decisions on credible evidence can successfully defend against personal grievance claims. This outcome reassures employers that:

• They don't have to shy away from raising (reasonable) concerns

• Proper HR and employment law processes are critical to success

• Receiving a personal grievance doesn't mean a loss in the Authority with the right advice and support

  
  

Defending a personal grievance - Final thoughts

This recent ERA victory for our client highlights the importance of strong HR practices, sound employment law advice and support from experts like us. Employers facing concerns about employee misconduct should prioritise thorough investigations, fair treatment, and clear documentation. Working with experienced HR consultants like Employer Direct can make all the difference in managing risks, protecting the your business and defending against personal grievances.

If you are an employer looking for support with employment law or human resources challenges, consider reaching out to professionals who understand the complexities of cases like this. If you've received a personal grievance, don't hesitate to give us a call!

Contact Employer Direct