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I’m thinking about a PG. What are the outcomes?

Friday 29 November, 2019

Many personal grievances can be settled informally or in mediation. Some make it to the Employment Relations Authority. Those settled in mediation or informally are usually the result of discussions between you and your advocate and your employer and their representative. Decisions made by the ERA are made by the member of the Authority hearing the case.

Often people who have experienced an unjustified disadvantage have an idea of the outcome that they want. It’s important to note that, especially at ERA level, financial outcomes are generally indicated by the level of unjustified disadvantage you have experienced.

An experienced employment advocate (like us!) should be advise you of the likelihood of settling or going to the ERA, the range of remedies that your personal grievance falls within and the best way forward.

What are these remedies?

Section 123 of the Employment Relations Act provides a variety of remedies for a personal grievance. The right remedy for you might involve several of these options.

  • Reinstatement

If this is a remedy you seek and the ERA finds in your favour, they must order this if it is reasonable and practicable to do so.

  • Reimbursement for lost wages or benefit

Lost wages after a dismissal are usually capped at 12 weeks or how long it took you to find other employment, whatever is less.

  • Compensation for humiliation, loss of dignity or injury to the feelings of the employee

Compensation payments are untaxed. Over half the compensation amounts awarded by the ERA for the first six months of this year were over $12,000. After deciding on the level of compensation, the ERA will take into account how much the actions of the applicant contributed to the unjustified disadvantages or dismissal. This contribution may reduce the compensation total.

Examples: "Humiliation" might include feeling degraded, ridiculed or that your status and/or self-worth is damaged. "Loss of dignity" might include being devalued, ignored or marginalised. "Injury to feelings" might include stress, guilt, anger or anxiety

  • Costs incurred, such as legal expenses.


Disclaimer:

This article does not purport to be legal advice. Get a second opinion, and if there are any uncertainties call us directly. We assume no liability for reliance on this post.


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