Mitigation & Contribution (Part 2)
My last article addressed a recent decision of the Employment Court which examined both mitigation of loss and contribution. As I said the implications of the decision, in terms of contribution, would be discussed in a later article; this article.
The Employment Relations Act requires the Authority or the Court (whichever is hearing the claim) to consider contribution. What this means is that after finding a claimant has a valid personal grievance the Authority or Court must then (and the word “must” is used, meaning this is mandatory) go on to look at whether, although the dismissal or action was unjustified, the employee contributed to the situation. If so, what does this mean in terms of remedies?
Mitigation & Contribution (Part 1)
For any employment dispute which proceeds to hearing (whether before the Employment Relations Authority or the Employment Court) two issues will always arise for any ex-employee seeking to establish a grievance for unjustified dismissal. Mitigation of lost wages and contribution.
Up until the end of last year there had been numerous comments by both the Authority and the Court about mitigation and contribution. However, there lacked a “watershed” decision which really brought together all the principles and clearly articulated how those issues need to be addressed. Thankfully, at least for those of us who practice in the employment law area, a single decision of the Employment Court has addressed both topics in depth.
Government push to address pay equity
Considering New Zealand was the first country to extend the right to vote to women it is rather perplexing that such a prominent issue facing the country is the disparity in pay between the two genders. A simple google search makes it abundantly clear that the issue remains a significant one. Yet the problem remains.
In a potentially game-changing move, the government recently announced its decision to implement recommendations made by the joint working group on ay equity. This will see updates to the Equal Pay Act and the Employment Relations Act, creating a modern day process for women to have their claims of gender pay parity heard and assessed.
Failure to Acknowledge Family Relationship Unfair
The nature of family relationships has changed a lot over recent years. Back in the day you would have a mother and father and a handful of siblings. If you were lucky you’d have the odd grandparent, and maybe a smattering of cousins (not trying to imply that all your grandparents were odd). But today this all seems to have changed and sometimes it’s impossible to get your head around the technicalities of merged families.
Attempt to accommodate accident was acceptable
Depending on what industry you’re involved in, workplace accidents are common. When it comes to my daily desk job I’m not surrounded by too many hazards. But if you’re employed in industries such as construction and agriculture it can be easy to injure yourself despite everyone’s best efforts at complying with health and safety. I will always remember my Dad lecturing me about why it’s important to turn off the PTO drive every time I got out of the tractor. What it is important to realise is that if you are injured in your place of work and cannot complete the tasks required of your pre-injury role, your employer may be justified in dismissing you.
