After the investigation meeting and taking into account any final submissions, the Authority member will consider the evidence and make a decision. This is called a Determination.
The determination is issued in writing. However, in some cases, the Authority member may give a decision verbally at the end of the investigation meeting, and then issue a written determination later.
A determination of the Employment Relations Authority is legally binding. It is issued to both parties or their representatives. It is a public document and will be published on the Department of Labour’s internet database of determinations. Anyone can access the determination document and discover the outcome of the investigation, including the names of the parties and remedies awarded.
Copies of past determinations of the Employment Relations Authority and summaries of employment law cases are available from the Department of Labour website.
The Authority member has the power to award a range of remedies depending on the nature of the claim. These include:
If an employee has been dismissed, the Authority can order that they be re-instated on a temporary basis while the Authority investigates whether the dismissal was justified. This allows them to return to work.
If the Authority finds an employee was unjustifiably dismissed they may order reinstatement, if the employee wants to return to their job and it is feasible.
If an employee has been dismissed or subject to other unjustified action by their employer, they may get reimbursement for wages lost. This may cover either the time until they are reinstated or until they get another job.
The Authority may order compensation to be paid to an employee for hurt and humiliation caused by dismissal or unjustified action.
The Authority may order:
If the parties cannot agree who pays costs, the Authority may order one party to contribute to the costs incurred by the other party when preparing for the investigation meeting, or decide that each party is responsible for meeting all of their own costs.
Tables setting out the levels of past costs and compensation awarded by the Employment Relations Authority under the Employment Relations Act are available from the Department of Labour.