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ARTICLE · 14 MAY 2021

What is hurt and humiliation worth as compensation?

Calculating a monetary value to fairly represent emotional harm can be difficult - how to compensate a person's feelings?

New ZealandLitigation, Mediation & Arbitration

Calculating a monetary value which fairly represents emotional harm can be difficult. After all, how do you set a figure to compensate a person's feelings?

If an employee pursues a personal grievance in the Employment Relations Authority or Employment Court, and is successful, they may be awarded compensation for hurt and humiliation under 123(1)(c)(i) of the Employment Relations Act 2000. The negotiation of an amount for compensation is also common in private settlement arrangements.

However, calculating a monetary value which fairly represents emotional harm can be difficult. After all, how do you set a figure to compensate a person's feelings?

Band system

In 2017, the Authority and Court implemented a band approach, which has now been widely recognised. Compensation awards are accepted as being assessed in the following three bands:

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