Section 17 – Personal grievance

(1) Where an employee who makes a protected disclosure of information under this Act claims to have suffered retaliatory action from his or her employer or former employer, that employee,—
(a) if that retaliatory action consists of or includes dismissal, may have a personal grievance, for the purposes of paragraph (a) of section 103(1) of the Employment Relations Act 2000, because of a claim of unjustifiable dismissal, and Part 9 of that Act applies accordingly; and
(b) if that retaliatory action consists of action other than dismissal or includes an action in addition to dismissal, may have a personal grievance, for the purposes of paragraph (b) of section 103(1) of the Employment Relations Act 2000, because of a claim described in that paragraph, and Part 9 of that Act applies accordingly.
(2) This section applies only to employees within the meaning of the Employment Relations Act 2000.

Commentary

This section deals with the provisions that apply if an employee who has made a protected disclosure, claims to have suffered some form of retaliatory action from the employer involved.  It sets out provisions for the employee to take action under the Employment Relations Act 2000.  It specifies that this section only applies to employees within the meaning of the ERA.