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Please note, this is a script from Episode Four of our video series, Employment Law: What to look out for in 2023, which you can access here.
Welcome to the fourth instalment of 'What to look out for in Employment Law in 2023'. Today, we will cover Personal Grievance Remedies.
A lot of the work we do involves assisting employers and responding to personal grievances raised by employees or former employees. That could include grievances regarding dismissals, disadvantages, or discrimination.
Having an understanding about how much employees are being awarded for personal grievances by the courts can help assess risk, and also strategies for resolving personal grievances amicably. So, we thought we'd spend a little bit of time running through recent trends and remedies in New Zealand.
There are three main types of personal grievance remedies we're going to cover today:
- Reinstatement
- Compensation for lost remuneration
- Compensation for hurt and humiliation
Reinstatement
As many of you will be aware, reinstatement is the primary remedy in New Zealand. That means if an employee wins their grievance and seeks reinstatement, the authority or the court is required to order reinstatement if it's both practicable and reasonable.
While there are always those genuine cases, I do think it would be incredibly difficult to return to a workplace from which you've been fired, and in my experience, where reinstatement is claimed, it is often done for strategic...
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