Taking action through a personal grievance
What you could get: Remedies for a personal grievance
Employment Relations Act 2000, s 123
If you take a personal grievance to the ERA you can ask them to take one or more of the types of action described below. For information about going to the Authority (see: “The legal process for dealing with employment problems”).
Reinstatement: Getting your job back
Employment Relations Act 2000, ss 123, 125–127
The ERA can order your employer to put you back in your previous position or in a position that’s at least as good.
If you’ve asked the ERA to give you your job back, they must order this if it’s reasonable to do this – whether or not they also make some other order like compensation for emotional stress.
If you take a case to the ERA, they can also order your boss to reinstate you temporarily (called “interim reinstatement”) until it decides your case.
Reimbursement: Getting back lost wages or money
Employment Relations Act 2000, ss 123, 124, 128
If the ERA decides you’ve lost wages or other money as a result of what your employer did, they must order the employer to reimburse you for this, up to a maximum of three months’ ordinary time wages, although the ERA has a discretion to award you more. The amount that you would otherwise be awarded can be reduced if they decide that you contributed to what happened.
Compensation for emotional stress and other effects
Employment Relations Act 2000, s 123
The ERA can order your employer to pay you compensation for:
- the way in which you’ve been affected personally, such as humiliation, loss of dignity, or injury to feelings
- the loss of any benefits that you might otherwise have expected to get.
Recommendations for the employer to change their practices or take other action
Employment Relations Act 2000, s 123
Whatever the basis (or “ground”) for your personal grievance, if workplace conduct or practices were a significant factor the ERA can make recommendations to your employer about what should be done to prevent similar problems happening.
If you’ve suffered sexual or racial harassment, the ERA can make recommendations to your employer on what to do about the harasser. This may include transferring them, taking disciplinary action, or taking rehabilitative action to prevent them harassing again (see: “Unfair treatment, discrimination or harassment at work”).
