Remedies for personal grievancesAn employee with a grievance claim may ask the employer for any remedy the employee thinks appropriate. If the grievance goes to the Employment Relations Authority, the following types of remedy can be asked for.
The Authority may order that an employee be put back in his or her previous position or a similar one that is not worse for the employee.
If the personal grievance is found to be valid and the employee asks for reinstatement, the Authority must order it if it is practicable.
The employer must carry out the Authority's decision, even if the decision is under appeal, unless the Authority or the Court orders otherwise.
The Authority can order the employee to be reinstated until the personal grievance is heard, if the employee asks for this. The Authority may impose conditions when ordering reinstatement.
If an employee has lost wages or other money as a result of the grievance, the Employment Relations Authority can order the employer to pay all or part of the lost amount. Unless the Authority thinks that the employee was partly to blame, it must order the employer to pay at least all lost money up to three months' ordinary time wages, and may award more.
The Authority may order the employer to pay money to the employee for:
Recommendations in cases of sexual or racial harassment
When an employee has been sexually or racially harassed, the Authority may make recommendations to the employer on what to do about the harasser. This may include transfer, disciplinary action, or helping to change his or her behaviour to prevent them harassing again. The Authority can also recommend any other action to prevent further harassment of the employee or any other employee; for example, that the employer develop and implement an educational programme in the workplace or adopt a formal harassment policy.
The Authority must reduce the remedies if the employee is found to be partly at fault in a grievance case.
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