The Authority Member has the power to award a range of remedies depending on the nature of the claim, including reinstatement, financial compensation and paying the other party's costs.
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, we can order that they be reinstated on a temporary basis while we investigate whether the dismissal was justified. This allows them to return to work.
If we find that an employee was unjustifiably dismissed and they want to return to their job, we can order reinstatement wherever it is practicable and reasonable to do so.
If an employee has been dismissed or subject to other unjustified action by their employer, we can order their employer to reimburse them for wages lost:
We can order compensation to be paid to an employee for hurt and humiliation caused by dismissal or unjustified action.
We can order:
If you are successful in pursuing or defending a matter with the Authority, you are entitled to claim for the cost of any professional representation and for reasonable expenses you incurred.
Who must pay costs and how much they must pay is determined by the Authority Member.
You can claim the cost of:
You cannot claim for:
When a determination is issued, the Authority Member can choose to:
The Authority normally awards a contribution to costs rather than full costs.
We use a notional tariff as a starting point of:
This means the starting point for assessing costs for a successful party after a two day investigation meeting is $8,000 and a three day investigation meeting is $11,500.
We adjust this notional starting point to reflect the circumstances of each particular case.
The Authority may reduce the costs to pay to a successful party if:
We may reduce the costs an unsuccessful party needs to pay if they can prove that paying normal costs would cause considerable hardship. They will need to file affidavit evidence with us about their financial and personal situation.
We may increase the costs an unsuccessful party needs to pay if:
Practice Note 2 - Costs in the Employment Relations Authority [PDF, 148 KB]