Remedies

The range of remedies open to the Employment Relations Authority include:

• Reinstatement: This is the primary remedy for an unjustified dismissal. Employees may apply directly to the Authority (and not the Court) for an order for interim reinstatement at any stage of the problem-resolution process.
• Reimbursement: A sum equal to the whole or any part of the wages or other money lost by the employee as a result of the grievance (usually not more than 3 months ordinary time remuneration).
• Compensation: A tax free payment as compensation for humiliation, loss of dignity, and injury to the feelings of the employee; and/or loss of any benefit, whether or not of a monetary kind, which the employee might reasonably have been expected to obtain if the personal grievance had not arisen. The amount depends on the circumstances but the current average is about $12,500.
• Costs: Currently around $4,500 for the first hearing day in the Authority, and $3,500 per day thereafter.
• Other: If the Authority or the court finds an employee to have been sexually or racially harassed in his or her employment, recommendations to the employer concerning the action the employer should take in respect of the person who made the request or was guilty of the harassing behaviour, which action may include the transfer of that person, the taking of disciplinary action against that person, or the taking of rehabilitative action in respect of that person.
  
  

The above awards may be reduced where the Authority determines that the employee's actions have contributed to the situation.