Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
142E: Pecuniary penalty orders
or “A court can order someone to pay money if they break certain rules at work.”
You could also call this:

“The court looks at many things when deciding how much money someone should pay as a punishment for breaking employment rules.”

When deciding how much money someone should pay as a penalty for breaking employment laws, the court needs to think about many things. You need to consider the main goal of the employment law. You should also look at what kind of rule was broken and how bad it was. It’s important to know if the person meant to break the rule, did it by accident, or wasn’t careful enough.

The court will think about whether anyone lost money or got hurt because of what happened, or if the person who broke the rule made money or avoided losing money. They’ll also check if the person who broke the rule has already paid money to make up for it or tried to fix the problem in other ways.

The court will look at the situation when the rule was broken, especially if the employee was in a weak position. They’ll also see if the person has been found to do similar things before by the Employment Relations Authority or the court.

All these things help the court decide on a fair amount of money for the penalty.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 142G: Maximum amount of pecuniary penalty

or “The court decides how much money someone has to pay as a punishment for breaking the rules.”
Next

Part 9A Additional provisions relating to enforcement of employment standards
Pecuniary penalty orders

142FMatters court to have regard to in determining amount of pecuniary penalty

  1. In determining an appropriate pecuniary penalty under section 142E, the court 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 142F: inserted, on , by section 19 of the Employment Relations Amendment Act 2016 (2016 No 9).