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Employment Relations Act 2000

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

123A: Remedies where controlling third party caused or contributed to personal grievance

You could also call this:

“Help when someone else contributed to your work problem”

If you have a personal grievance, the Authority or the court will look at what happened. They will decide if someone else, called a controlling third party, was involved and helped cause the problem. The Authority or the court joined this controlling third party to the case using section 103B.

If the Authority or the court thinks it is fair, they can order the controlling third party to give you a remedy, as stated in section 123(1)(b) and (c). They will consider how much the controlling third party’s actions contributed to the problem. The Authority or the court will also look at how much the employer’s actions contributed to the problem.

The Authority or the court will decide what remedies to give you from the employer, using section 123, and from the controlling third party. They will make sure the remedies are fair based on what each party did. If the controlling third party has to pay you, the Authority or the court can order them to pay by instalments if they do not have enough money.

The Authority or the court will only order payment by instalments if the controlling third party’s financial situation requires it. They will make decisions based on what is fair and what the law says.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS363793.

Topics:
Work and jobs > Worker rights Rights and equality > Anti-discrimination

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

123ARemedies where controlling third party caused or contributed to personal grievance

  1. This section applies if the Authority or the court—

  2. determines that an employee has a personal grievance; and
    1. has, under section 103B, joined a controlling third party to the proceedings to resolve the personal grievance; and
      1. determines that the actions of the controlling third party caused or contributed to the situation that gave rise to the personal grievance.

        1. The Authority or the court may, if satisfied that it is just to do so, order the controlling third party to provide to the employee either or both of the remedies in section 123(1)(b) and (c).

        2. The Authority or the court must consider the extent to which the actions of the controlling third party caused or contributed to the situation that gave rise to the personal grievance.

        3. The Authority or the court must award any remedies against the employer under section 123 and against the controlling third party under subsection (2) in a way that reflects the extent to which the actions of each contributed to the situation that gave rise to the personal grievance.

        4. The Authority or the court may, if making an order under subsection (2), order payment to the employee by instalments, but only if the financial position of the controlling third party requires it.

        5. Subsection (2) applies subject to subsections (3) to (5).

        Notes
        • Section 123A: inserted, on , by section 8 of the Employment Relations (Triangular Employment) Amendment Act 2019 (2019 No 36).