One of the key remedies available to an employee in a successful personal grievance claim is compensation. The compensation is associated with humiliation, loss of dignity, and injury to feelings. Over the years we have seen a steady increase with compensation. In 2023, there was a reassessment of compensation awards, which has now been adopted by the Employment Relations Authority and Employment Court.
Whether you're an employer navigating the complexities of dispute resolution or an employee seeking justice in the face of adversity, understanding compensation is paramount. In today's episode, we're not just scratching the surface. We're diving deep into the nuances of compensation, exploring recent developments, real-world case studies, and practical insights that can equip you to navigate this terrain with confidence.
In this episode, we cover:
- Understanding compensation and its significance in employment disputes.
- Understanding the 3 band approach to compensation.
- The five-step approach used by courts to assess compensation.
- Real-world case studies illustrating compensation outcomes.
- Insights from the GF v Customs (2023) case and its implications.
- Observations on post-inflation adjustments and recent trends.
- Key takeaways and the importance of knowing the bands.
Stay tuned as we unravel the intricacies of compensation remedies in employment law.
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Resources:
- Section 123(1)(c)(i) - Employment Relations Act 2000
- Awarding Costs & Remedies - Employment Relations Authority
- Banding Together: The Court's New Approach to Awards for Injury to Feelings
- GF v Comptroller of Customs Judgment (PDF)
- Parker & Magnum Hire - Bullied Manager Wins Over $130k Against Former Employer
Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.
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