123A Remedies where controlling third party caused or contributed to personal grievance

(1)

This section applies if 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 proceedings to resolve the personal grievance; and

(c)

determines that the actions of the controlling third party caused or contributed to the situation that gave rise to the personal grievance.

(2)

The Authority or the court may, if satisfied that it is just to do so, order the controlling third party to provide to the employee either or both of the remedies in section 123(1)(b) and (c).

(3)

The Authority or the court must consider the extent to which the actions of the controlling third party caused or contributed to the situation that gave rise to the personal grievance.

(4)

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 the actions of each contributed to the situation that gave rise to the personal grievance.

(5)

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

(6)

Subsection (2) applies subject to subsections (3) to (5).

Section 123A: inserted, on 27 June 2020, by section 8 of the Employment Relations (Triangular Employment) Amendment Act 2019 (LI 2019 No 36).