Employment Court of New Zealand · [2024] NZEmpC 238

Preece v Synlait Milk Ltd

Nicola Preece challenged her dismissal and Synlait's vaccination policy, arguing that her email to the CEO constituted a valid grievance.

Employment Court of New Zealand2 Dec 2024

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Quick read

Employers should ensure that workplace policies, such as vaccination requirements, are implemented with proper consultation and communication.
The Employment Court case Preece v Synlait Milk Ltd ([2024] NZEmpC 238) examined whether an employee had raised personal grievances within the 90-day statutory period...

Use this to check

Employees must raise personal grievances within 90 days of the relevant action or decision.
A single email can be sufficient to raise a grievance if it clearly outlines the issue.
Employers should consult with employees and document all communications when implementing workplace policies.

Decision snapshot

What happened
- Nicola Preece was employed by Synlait Milk Ltd as a café assistant and 'red line' cleaner.
- In late 2021, Synlait implemented a COVID-19 health check plan, including a vaccination policy requiring all employees to be fully vaccinated by 31 January 2022.
- Employees were informed of the policy through surveys, information sessions, and consultations with experts.
- Ms Preece opposed the vaccination policy, citing concerns about the safety of the Pfizer vaccine and alleging that Synlait had introduced it without proper consultation.
What the court had to decide
- The legal issue in this case was whether Ms Preece had raised her personal grievances within the 90-day statutory period required under section 114 of the Employment Relations Act 2000.
- This included determining whether her email to Synlait's CEO on 30 January 2022 constituted a valid grievance regarding the company's vaccination policy.
What the court decided
- The Employment Court found that Ms Preece had raised an unjustifiable disadvantage grievance regarding the vaccination policy within the 90-day period through her email dated 30 January 2022.
- However, her other grievances, including those related to her dismissal, were not raised within the required timeframe and were dismissed.
- The Court left the surviving grievance to be addressed by the Employment Relations Authority.

Practical impact

Practical read

Employers should ensure that workplace policies, such as vaccination requirements, are implemented with proper consultation and communication.
Employees must have clear opportunities to raise concerns, and any formal complaints should be treated seriously and documented.
For employees, it is crucial to raise personal grievances within the 90-day statutory period to preserve their rights.

Useful next steps

Employees must raise personal grievances within 90 days of the relevant action or decision.
A single email can be sufficient to raise a grievance if it clearly outlines the issue.
Employers should consult with employees and document all communications when implementing workplace policies.
Timely and formal responses to employee concerns can help prevent disputes.
Legal advice can assist both employers and employees in navigating employment law requirements.

Understanding the 90-day rule

The Employment Relations Act 2000 requires employees to raise personal grievances within 90 days of the relevant action or decision. This timeframe ensures that workplace disputes are addressed promptly and fairly.

To raise a grievance, employees must clearly communicate their concerns to their employer, ideally in writing. This communication should outline the issue, the action or decision being disputed, and the nature of the grievance (e.g., unjustifiable dismissal, discrimination, or disadvantage).

Practical sense check

Ensure the grievance is raised within 90 days of the action or decision.
Clearly outline the issue and the nature of the grievance.
Provide the grievance in writing to the employer.
Keep a record of all communications related to the grievance.

Implementing workplace policies fairly

Employers implementing workplace policies, such as vaccination requirements, must follow a fair and transparent process. This includes consulting with employees, providing clear communication, and addressing any concerns raised.

In this case, Synlait conducted risk assessments and held information sessions to explain the vaccination policy. However, Ms Preece argued that her specific concerns were not adequately addressed. This highlights the importance of engaging with employees on an individual level when implementing policies that may significantly impact their employment.

Key points

Consult with employees before implementing significant workplace policies.
Provide clear and accessible information about the policy and its rationale.
Document all consultations and communications.
Address individual concerns promptly and formally.

Raising a personal grievance

For employees, raising a personal grievance requires clear and timely communication. In this case, Ms Preece's email to Synlait's CEO was deemed sufficient to raise a grievance about the vaccination policy. However, her other grievances were found to be out of time.

Employees should ensure their grievances are specific and submitted within the statutory timeframe. If in doubt, seeking advice from an employment adviser or lawyer can help clarify the process.

Preventing workplace disputes

This case demonstrates the importance of documentation and timely action for both employers and employees. Employers should treat all formal complaints seriously and respond promptly. Employees must act within the statutory timeframe to preserve their rights.

Employers should also ensure that workplace policies are implemented in a way that complies with employment law and respects employees' rights. Regular training on employment law requirements can help prevent disputes.

Practical sense check

Document all workplace policies and communications.
Respond promptly to employee concerns or grievances.
Provide training on employment law and workplace policies.
Seek legal advice when implementing significant policy changes.

Relevant employment law

The Employment Relations Act 2000 governs personal grievances in New Zealand. Section 114 outlines the 90-day timeframe for raising grievances, while other sections provide guidance on unjustifiable dismissal, discrimination, and disadvantage claims.

Employers and employees should familiarise themselves with these provisions to ensure compliance and protect their rights. Legal advice can be invaluable in navigating complex employment law issues.

Key points

Section 114: Timeframe for raising personal grievances.
Unjustifiable dismissal: Grounds and remedies.
Discrimination in employment: Prohibited grounds and protections.
Unjustifiable disadvantage: Addressing workplace policies and practices.

Common questions

What is the 90-day rule for raising personal grievances?

Under the Employment Relations Act 2000, employees must raise personal grievances within 90 days of the action or decision they are disputing. This timeframe is critical for preserving their rights.

Can an email be enough to raise a personal grievance?

Yes, the Court found that a single email can be sufficient to raise a personal grievance, provided it clearly outlines the employee's concerns and indicates an intention to pursue a grievance.

What should employers do when implementing workplace policies?

Employers should consult with employees, provide clear communication, and document all interactions. They should also ensure that any concerns raised by employees are addressed promptly and formally.

What happens if a grievance is not raised within 90 days?

If a grievance is not raised within the 90-day period, the employee may lose the right to pursue it unless they apply for and are granted an extension of time by the Employment Relations Authority or Court.

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