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Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Remedies in relation to personal grievances

124: Remedy reduced if contributing behaviour by employee

You could also call this:

“If you did something wrong at work, you might get less help fixing the problem.”

If you have a personal grievance at work, the Employment Relations Authority or the court will decide what remedies you should get. However, they must look at how your own actions might have contributed to the problem. If your actions played a part in causing the situation, the Authority or court may reduce the remedies you receive. This means you might get less compensation or other benefits than you would have if you hadn’t contributed to the issue. The Authority or court will consider how much your actions affected the situation and adjust the remedies accordingly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60367.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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123A: Remedies where controlling third party caused or contributed to personal grievance, or

“A controlling third party can be made to pay or do something if they helped cause a worker's problem at work.”

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125: Reinstatement to be primary remedy, or

“If an employee was unfairly treated at work, the first choice is to try to get their job back if possible.”

Part 9 Personal grievances, disputes, and enforcement
Remedies in relation to personal grievances

124Remedy reduced if contributing behaviour by employee

  1. Where the Authority or the court determines that an employee has a personal grievance, the Authority or the court must, in deciding both the nature and the extent of the remedies to be provided in respect of that personal grievance,—

  2. consider the extent to which the actions of the employee contributed towards the situation that gave rise to the personal grievance; and
    1. if those actions so require, reduce the remedies that would otherwise have been awarded accordingly.

      Compare
      • 1991 No 22 ss 40(2), 41(3)