An employee who has been dismissed can only challenge this by taking a personal grievance . Employees cannot pursue a claim for wrongful dismissal under common law, as was possible under previous legislation. Choice of procedure In some situations, employees who believe they have a personal grievance may also be able to complain under the Human Rights Act. This may happen, for example, when an employee believes they have been discriminated against, sexually harassed or racially harassed. Employees must choose either to take a personal grievance through to the Authority or to take their claim under the Human Rights Act. They cannot use both procedures for the same complaint. Raising a personal grievance with the employer An employee must let the employer know about his or her personal grievance, and that they want something done about it, within 90 days of the action complained of, or the date they became aware of it, whichever is the later. If the employer is not told about the personal grievance within 90 days, the employer need not consider it unless the Employment Relations Authority allows the employee to raise it after 90 days. The Authority will only allow that if it accepts that the delay was caused by exceptional circumstances. Exceptional circumstances include situations where: the employee was so affected or traumatised by the action complained of that he or she was unable to consider raising the grievance in time the employee made reasonable arrangements with an agent to raise the personal grievance