Please note: Articles on this website were originally published by CourtKeys.com in 2015 and may now be out of date. Revised and updated content is included in Civil Litigation for Non-Lawyers [available here]. Disclaimer
Authority Members will make a decision or ‘determination’ after investigation meetings have concluded. These must be in writing, although Authority Members may advise their decisions orally at the end of investigation meetings and then issue a written decision later on.
Remedies
Remedies that may be ordered upon an Employment Relations Authority determination include:
1. Reinstatement to a position (i.e. where someone has been unjustifiably demoted or dismissed).
2. Reimbursement of lost wages (that is, for instance, wages lost due to unjustifiable dismissal or disadvantage).
3. Compensation (i.e. to compensate for hurt and humiliation arising from some kind of wrongful action).
4. Compliance (that is compliance with some kind of lawful requirement such as, for instance, to pay holiday pay, wages owed or a penalty imposed, or to comply with the terms of an employment agreement).
5. Costs (i.e. costs of any representative or lawyer assisting a party to make a case to the Employment Relations Authority).
6. Interest on money owed (i.e. unpaid wages or holiday pay)
The Employment Relations Authority publishes tables of compensation and costs awarded in cases it has determined. You can access those published tables at http://www.dol.govt.nz/er/services/law/case/costaward/.
Note: This content was originally published by CourtKeys.com in 2015. Disclaimer