New Zealand Legislation: Bills

8 New section 123A inserted

• The principal Act is amended by inserting the following section after section 123:

  “123A Remedies where controlling third party contributed to personal grievance

  • “(1) This section applies where the Authority or the Court—

    • “(a) determines that an employee has a personal grievance; and

    • “(b) has, under section 103B, joined a controlling third party to the action to resolve the personal grievance; and

    • “(c) determines that the controlling third party caused or contributed to the situation that gave rise to the personal grievance.

    “(2) Where this section applies, the Authority or the Court may order the controlling third party to provide to the employee either or both of the remedies in section 123(1)(b) or (c).

    “(3) Subsection (2) applies subject to subsections (4) to (6).

    “(4) The Authority or the Court must consider the extent to which the actions of the controlling third party contributed towards the situation that gave rise to the personal grievance.

    “(5) The Authority or the Court must award any remedies against the employer under section 123 and against the controlling third party under subsection (2) in a way that reflects the extent to which each contributed towards the situation that gave rise to the personal grievance.

    “(6) When making an order under subsection (2), the Authority or the Court may order payment to the employee by instalments, but only if the financial position of the controlling third party requires it.”