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Why is it easier to get money than an apology in mediation?

When it comes to mediation ‘sorry’ really is the hardest word. But why? And how can we change that? After years of mediating, I feel confident saying that it is easier to get money than an apology. And it’s something I’ve spent quite a bit of time pondering. It is a point of interest to […]

New Bill legislating for fairer workplaces proposed

The Government introduced a new Bill on 25 January 2018 which intends to amend the Employment Relations Act 2000 with the aim of providing greater protection for employees and workers. The Government believes there is a need to restore fairness and balance into New Zealand workplaces. The changes are as expected and include restrictions imposed […]

Employment Court finds 100% reduction of remedies is not permissible under the Act

Among other interesting things, in this recent case the Employment Court closely examined remedies, and in particular the effect of s 124 in reducing remedies to account for an employee’s contributing behaviour.  In other words, where the employee’s behaviour or conduct (the actions of the employee) contributed towards the situation that gave rise to the […]

Is pursuing a claim under the Human Rights Act really more lucrative?

A perception has developed among litigants and practitioners that pursuing a claim under the Human Rights Act has the potential to be more lucrative than under the Employment Relations Act (when the nature of the claim is such that it could be pursued either way). The question is, does this perception have any merit? It […]

Move to increase remedies for personal grievances

A recent case has given ammunition to those seeking more realistic compensatory awards in the employment institutions. Until now, compensatory awards for hurt and humiliation for employees bringing successful personal grievances have commonly been between $5,000 and $7,000. Costs awards are normally far lower than the actual costs incurred, so the likelihood is that the […]

Employment Court considers issues relating to contributory conduct

The Employment Court has considered — but not resolved — two interesting and important issues relating to the effect on remedies of blameworthy conduct The first issue was whether a 100% reduction in remedies was in fact permitted by s 124 of the Act (reducing the remedy due to contributing behaviour by the employee).  Chief Judge Colgan considered that […]