Full source list for After the February 2026 reforms — when does an employee have a personal grievance against me?
Six numbered references for /wayfinder/refs/personal-grievance-reforms-feb-2026:
1. The Employment Relations Amendment Act 2026 received Royal Assent on 20 February 2026 and most provisions came into force on 21 February 2026. The reforms amend the Employment Relations Act 2000.
2. Contributory conduct provisions: the Amendment Act inserts new section 123C into the ERA, requiring the ERA/Court to refuse reinstatement (s 123(1)(a)) and humiliation/loss-of-dignity compensation (s 123(1)(c)) where the employee's actions contributed to the situation that gave rise to the personal grievance. Section 124 is amended to allow reduction of lost-wages remedies by up to 100% in the same circumstances. Section 123B applies where the contributory conduct amounts to serious misconduct, allowing the ERA/Court to refuse all remedies.
3. High-income threshold: section 103B (new) sets the threshold at $200,000 in annual remuneration, calculated under the formula ar = (r ÷ d) × 364. Total remuneration includes PAYE income (salary, wages, bonuses, commissions, share scheme benefits). Employees at or above the threshold cannot bring a personal grievance for unjustified dismissal or unjustified disadvantage relating to a dismissal. The threshold becomes annually adjusted from 1 July 2027. Employees on existing agreements as of 21 February 2026 have a 12-month transitional period before the carve-out applies to them.
4. Procedural defects standard: section 103A(5) was amended to remove the word "minor". The provision now reads (in effect) that the ERA/Court must not determine a dismissal or action to be unjustifiable solely because of a defect in the process if the defect did not result in the employee being treated unfairly.
5. Trial-period dismissal protection: the Amendment Act bars personal grievances for unjustified dismissal and unjustified disadvantage arising from a valid trial-period dismissal. This is an extension of the previous ERA section 67B carve-out. Other grievance grounds (discrimination, harassment, etc.) still apply.
6. Definitional uncertainty: "serious misconduct" is not defined in the Employment Relations Act or the Amendment Act. Case law is expected to develop the definition. Until then, employers should anticipate ERA-level disputes about whether specific conduct crosses the threshold.