INTOUCH : Recession Boosts Employment Claims

New Zealand Management, November 2009 | Go to article overview

INTOUCH : Recession Boosts Employment Claims


When the job market is tight, employees are more likely to fight dismissal and thata[euro]s helping push up employment claims.

Employment law specialist Margaret Robins, from Workplace Law, told a recent Liability Symposium that mediations were up 26 percent in two years, and employers were more likely than ever to be on the receiving end of an employment dispute. However, because of the potentially high costs of such disputes for both parties, 80 percent are resolved at, or before mediation.

Robins noted that although there was definitely a perception in the business world that employers get a rough deal in employment disputes, she believed the awards to employees for compensation in standard cases were not outrageous and that because of litigation costs, employers were better to settle at mediation than go to a hearing.

a[euro]The costs of both the process and the awards made, mean that even if successful, an employee will be out of pocket after a standard hearing before the Employment Relations Authority which is one step beyond mediation.

a[euro]This means that most disputes, for both the employee and the employer are settled at mediation and both parties walk away grumpy. A success all round.a[euro]

Typical legal costs for the employer to defend the dispute at mediation are between $2500 and $7500, compared with between $10,000 and $30,000 in the Employment Relation Authority (ERA), and $10,000 to $50,000 for the Employment Court.

While therea[euro]s a perception employers get a rough deal in disputes, Robins believed awards to employees for compensation were not outrageous and because of litigation costs, employers are better to settle at mediation.

She said that generally higher earners (those earning over $100,000), were awarded higher awards for hurt feelings. a[euro]There seems to be an assumption by the ERA and the Employment Court that higher earners have finer feelings.a[euro]

Factors which increase risk and costs include such things as a claim of workplace bullying, claim for reinstatement, and a very senior employee or specialised employees whose prospects of new employment are small. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

INTOUCH : Recession Boosts Employment Claims
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.