Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search


A new record for compensation awards

5 October 2016

Employment Law

MacGregor v Craig - a new record for compensation awards

The Human Rights Review Tribunal (Tribunal) has awarded Rachel MacGregor, former press secretary for Colin Craig, a record award of $120,000 for humiliation, loss of dignity and injury to feelings.

The Tribunal's decision, released earlier this week, signals a continuing upward trend in damages awards, in contrast to awards from the other employment institutions.

Ms MacGregor was awarded a total sum of $128,780 in damages after the Tribunal found that Mr Craig deliberately and repeatedly breached the confidentiality terms of the settlement agreement entered into with Ms MacGregor, in a way "choreographed to attract maximum publicity and attention". Significantly, $120,000 of this sum was compensation for hurt, humiliation and injury to feelings, overtaking the previous high water mark of $98,000, set last year by the Tribunal in Hammond v Credit Union Baywide (the "rude cake" case).

Employees who believe they have been sexually harassed or discriminated against in their employment have a right to elect whether to pursue their claim under the Human Rights Act 1993 (HRA) or the Employment Relations Act 2000 (ERA).

The Tribunal's recent awards could signal a more lucrative pathway for aggrieved employees who have the option of pursuing a claim under the HRA. In contrast, the average compensation awards under the ERA are still only in the range of $5,000-$10,000.

Following the Hammond decision, the Employment Court noted that the Tribunal's recent awards for damages appear to be "substantially in excess" of awards made by both the Authority and Court in arguably similar proceedings and that these awards have fallen "woefully behind".

It seems likely that as a result of the high awards in these recent Tribunal cases, aggrieved employees may well be looking seriously at pursuing claims under the HRA, rather than the ERA.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On Why Herd Immunity Isn’t A Valid Option, And What’s With Our Reluctance To Wear Masks?

Herd immunity has recently bounced back into the headlines as a tool for managing Covid-19, and as a supposed alternative to lockdowns. In the US, a group of scientists was recently brought together in the town of Great Barrington, Massachusetts by a think tank funded by the Koch brothers. The assembled scientists signed the so called Barrington Declaration, which promotes herd immunity as a rational means of re-opening US public schools and the economy at large... More>>


Gordon Campbell: On National Being Shafted By Its Own Creation

As it licks its wounds, let’s hope the National Party can still find time to look back with some pride at what it has achieved in Epsom. The Act Party’s nationwide success on Saturday night has been a tribute to National’s foresight, and to its ... More>>


Green Party: 'Fruitful Discussions ... Further Discussions To Have'

The Green Party says there is a negotiation going on with the Labour Party, but there are more discussions to be had. More>>


Border: No Changes To Border Exemptions After Fishing Crew Test Covid-19 Positive

The cases were detected after routine day three testing but the immigration minister and air commodore agree there's no need to change border exemptions. More>>

PSA: Labour-Led Government Has Mandate For Transformation, Equality And Transparency

The Public Service Association welcomes the progressive electoral landslide New Zealand voters delivered on Saturday, and the union says its members look forward to implementing policies that reduce poverty and inequality, support affordable housing ... More>>


Stats NZ: New Report Shows Significant Changes To New Zealand’s Climate

Climate change is already happening in New Zealand and could have a profound impact on future generations of New Zealanders, a new report from the Ministry for the Environment and Stats NZ says. Our atmosphere and climate 2020 , released today, includes analysis ... More>>


Judith Collins: Obese People Must Take Responsibility For 'personal Choices'

National Party leader Judith Collins has described obesity as a weakness and says people should not 'blame systems for personal choices'. More>>

Māori Party: Poll Reveals Tamihere On Cusp Of Historic Māori Movement Election Victory

John Tamihere’s election campaign is on the rise and on track to return the Māori Party to parliament, a new Māori TV poll has revealed. The poll released on 11 October during the seventh and final Māori TV Maori Electoral campaign coverage has Tamihere ... More>>

Gordon Campbell: On Four-Year Terms Of Parliament, And On How The US Courts Are Dismantling Democracy

Last week, the issue of four-year parliamentary terms surfaced again. Infuriatingly, it is being discussed purely in terms of its convenience for political parties. They’d get so much more time to enact their policies, free of scrutiny or sanction by voters ... More>>





InfoPages News Channels