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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:

"Your pay-out might be less if you helped cause the problem"

If you have a personal grievance, the Authority or the court will look at what happened. They will think about how your actions might have contributed to the problem. They will consider this when deciding what remedies you should get.

If the Authority or the court thinks your actions were part of the problem, they might reduce the remedies. This means you might not get as much as you would have if your actions had not contributed to the situation. The Authority or the court will make this decision based on what they think is fair.

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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 rightsCrime and justice > Courts and legal help

Part 9Personal 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)