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133: Jurisdiction concerning penalties
or “The court decides who gets in trouble and how much they pay for breaking work rules.”
You could also call this:

“Things to think about when deciding how much money someone should pay for breaking employment rules”

When deciding how much money someone should pay for breaking employment rules, the Authority or court must think about several things. They need to look at the main goal of the Employment Relations Act. They also need to think about how bad the rule-breaking was and if the person meant to do it or if it was an accident.

The Authority or court will look at whether anyone lost money or got hurt because of what happened. They’ll also check if the person who broke the rules made money or avoided losing money. If the person who broke the rules has already paid some money to make up for what they did wrong, or if they’ve tried to fix the problem, this will be considered too.

The situation in which the rules were broken is important, especially if the employee was in a weak position. The Authority or court will also check if the person has been found to do similar things wrong before, either under this law or other laws.

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Next up: 134: Penalties for breach of employment agreement

or “If you break the rules in your work agreement or help someone else break them, you might have to pay money as a punishment.”
Next

Part 9 Personal grievances, disputes, and enforcement
Penalties

133AMatters Authority and court to have regard to in determining amount of penalty

  1. In determining an appropriate penalty for a breach referred to in section 133, the Authority or court (as the case may be) must have regard to all relevant matters, including—

  2. the object stated in section 3; and
    1. the nature and extent of the breach or involvement in the breach; and
      1. whether the breach was intentional, inadvertent, or negligent; and
        1. the nature and extent of any loss or damage suffered by any person, or gains made or losses avoided by the person in breach or the person involved in the breach, because of the breach or involvement in the breach; and
          1. whether the person in breach or the person involved in the breach has paid an amount of compensation, reparation, or restitution, or has taken other steps to avoid or mitigate any actual or potential adverse effects of the breach; and
            1. the circumstances in which the breach, or involvement in the breach, took place, including the vulnerability of the employee; and
              1. whether the person in breach or the person involved in the breach has previously been found by the Authority or the court in proceedings under this Act, or any other enactment, to have engaged in any similar conduct.

                Notes
                • Section 133A: inserted, on , by section 12 of the Employment Relations Amendment Act 2016 (2016 No 9).