Resources
Employment Relations Authority determinations
Important note on currency
This section was originally published on CourtKeys in 2015 as part of a public legal education project. While it remains useful for understanding general legal concepts and processes, some information may now be out of date. Updated and revised material is included in Civil Litigation for Non-Lawyers. This article is provided for general information only and does not constitute legal advice.
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/.
Disclaimer
All legal information published on this website is general information about New Zealand law only. It is not legal advice or a substitute for legal advice. It does not address specific circumstances of any particular individual or entity. It may not reflect current law, practice or legal requirements. No warranty, guarantee or undertaking is made about the accuracy or completeness of the information, or about results that may be obtained from the information. No responsibility or liability is assumed or accepted for any actions taken or not taken based on use of the information, or for any direct or indirect losses or damage of any kind arising from use of the information. Specific legal advice should be obtained from a lawyer about any circumstances.