The remedies for personal grievances are designed to put you in the position you would have been in if the grievance had not occurred — and to compensate you for the personal impact of your employer's unfair treatment.
Under section 123 of the Employment Relations Act 2000, the Employment Relations Authority (ERA) or Employment Court can order:
You may receive one or more of these remedies depending on your circumstances.
Reinstatement means returning to your previous position, or if that is not practicable, to a similar position. Under the Employment Relations Act 2000, reinstatement is the primary remedy where it is practicable and reasonable.
Reinstatement may be ordered even where the employment relationship has broken down — although in practice, the Employment Relations Authority (ERA) and Employment Court consider whether reinstatement would actually work given the circumstances.
With rising unemployment and the value of secure employment increasing, there has been a rise in applications for interim reinstatement — urgent orders made before the full hearing to restore the employee to their position while the case proceeds.
Reimbursement covers:
Reimbursement aims to put you in the position you would have been in if the grievance had not occurred. This can include wages up to the date of the hearing and beyond.
This compensation recognises the emotional and personal impact of unjustified treatment. It is separate from reimbursement for financial losses.
Factors that affect the amount include:
Awards have varied widely depending on circumstances, from modest amounts to significant sums where employer conduct was particularly egregious.
In BMN v Stonewood Group Ltd [2024] NZHRRT 55, the Human Rights Review Tribunal awarded sixty thousand dollars ($60,000) for privacy breaches that exacerbated the employee's humiliation, loss of dignity, and injury to feelings.
Compensation is not automatic or standardised. You need to explain and, where possible, demonstrate the impact on you. Keep records of how you have been affected — including any medical evidence, counselling records, or personal accounts of your distress.
Yes. Under section 124 of the Employment Relations Act 2000, remedies may be reduced if you contributed to the situation that gave rise to the grievance.
This means if your own conduct contributed to your dismissal or disadvantage, the Employment Relations Authority (ERA) or Employment Court can reduce the amount you receive — even if the dismissal was ultimately unjustified.
Contributory conduct is assessed objectively. Examples include:
The Employment Relations Authority (ERA) or Employment Court can also:
The Employment Relations Amendment Bill 2025 (Government Bill 175—2) proposes fundamental changes to the remedies available to workers:
Currently, even if you contributed to your dismissal, you cannot have your remedies reduced by one hundred percent (100%) — you are still entitled to something if the dismissal was unjustified. The proposed changes would eliminate this protection.
If these changes pass, an employer could completely ignore fair process, dismiss you unlawfully, and you could receive nothing — simply because your conduct is characterised as contributing to the situation.
Understanding what remedies you may be entitled to is essential to making good decisions about your employment situation. The proposed law changes make getting early advice more important than ever.
Working for Workers advocates and representatives have the skills and expertise to help you understand what remedies you may be entitled to and how to protect your position.
Please contact us today to discuss your situation.
Contact us today