Section 128 — Employment Relations Act 2000: Reimbursement

128 Reimbursement (1) This section applies where the Authority or the Court determines, in respect of any employee,— (a) that the employee has a personal grievance; and (b) that the employee has lost remuneration as a result of the personal grievance. (2) If this section applies then, subject to subsection (3) and section 124 , the Authority must, whether or not it provides for any of the other remedies provided for in section 123 , order the employer to pay to the employee the lesser of a sum equal to that lost remuneration or to 3 months' ordinary time remuneration. (3) Despite subsection (2) , the Authority may, in its discretion, order an employer to pay to an employee by way of compensation for remuneration lost by that employee as a result of the personal grievance, a sum greater than that to which an order under that subsection may relate. Compare: 1991 No 22 s 41(1), (2)