Employment Relations Act 2000

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

128: Reimbursement

You could also call this:

"Getting back money you lost because of a workplace problem"

If you have a personal grievance and you lost money because of it, this section might apply to you. The Authority or the court must decide that you have a personal grievance and that you lost remuneration, which is the money you would have earned.

If this section applies to you, the Authority will usually order your employer to pay you back the money you lost, but only up to three months' worth of your ordinary pay, or the amount you actually lost, whichever is less, as stated in section 124 and considering the other remedies in section 123.

The Authority can also decide to order your employer to pay you more than the amount you lost, if they think it is fair to do so.

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127: Authority may order interim reinstatement, or

"The people in charge can tell a boss to give a worker their job back for a little while until they figure out if the worker was treated unfairly."


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129: Person bound by, or party to, employment agreement may pursue dispute under this Act, or

"You can use the law to solve problems with your work agreement."

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

128Reimbursement

  1. This section applies where the Authority or the court determines, in respect of any employee,—

  2. that the employee has a personal grievance; and
    1. that the employee has lost remuneration as a result of the personal grievance.
      1. If this section applies then, subject to subsection (3) and section 124, the Authority must, whether or not it provides for any of the other remedies provided for in section 123, order the employer to pay to the employee the lesser of a sum equal to that lost remuneration or to 3 months' ordinary time remuneration.

      2. Despite subsection (2), the Authority may, in its discretion, order an employer to pay to an employee by way of compensation for remuneration lost by that employee as a result of the personal grievance, a sum greater than that to which an order under that subsection may relate.

      Compare
      • 1991 No 22 s 41(1), (2)