Printed from https://fyi.org.nz/request/5174-can-an-employment-grievance-be-lodged-as-a-human-rights-complaint on April 25, 2024 16:39

Can an employment grievance be lodged as a human rights complaint?

D Dahya made this Official Information request to Human Rights Commission

The request was successful.

From: D Dahya

Dear Human Rights Commission,

1. Can an employment grievance include breaches of an individuals human rights?

2.Can an employment grievance be lodged as a hr complaint? if not , why?

3. Can you provide /point to information relating to such complaints ie employment related matters lodged as an human rights complaint?

4. Does the complainant have to know or identify the type of discrimination that has occurred in their human rights complaint?.

Yours faithfully,

David Dahya

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Human Rights Commission

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the 9th of January 2017.

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From: D Dahya

Updated request..

This request is for the attention of Paul Warhurst

Dear Human Rights Commission,

1. Can an employment grievance include breaches of an individuals human rights?

2. Can an employment grievance be lodged as a human rights complaint, if not, why?

3. Can you provide /point to information relating to such complaints ie employment related matters lodged as an human rights complaint?

4. Does the complainant have to know or identify the type of discrimination that has occurred in their human rights complaint?.

Yours faithfully,

D Dahya

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From: D Dahya

Dear Human Rights Commission,

Thank you for the responses to my queries -in this instance they have been informative, constructive and well answered. Even though it has put my complaint/issues in perspective I would like to note that during my previous lengthy dealings with the HR commission( Paul W) on this I was not advised of the following key points in any clarity at all.

1. There is some overlap between the jurisdiction of the Employment Relations Authority (ERA) and the Human Rights Review Tribunal (HRRT).There is some overlap between the jurisdiction of the Employment Relations Authority (ERA) and the Human Rights Review Tribunal (HRRT).

2. Once a person has filed proceedings in the ERA they are unable to change their mind and file proceedings in the HRRT, and vice versa.

3. A complainant can access both of the respective mediation services provided by the Ministry of Business, Innovation and Employment and the Human Rights Commission, so long as proceedings have not been commenced in the other jurisdiction

Yours faithfully,

D Dahya

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