The Effects of Employee Conduct on Personal Grievance Remedies

Abstract

Sections 40(2) and 41(3) of the Employment Contracts Act 1991 deal expressly with contributory conduct. These sections require that, in the context of a successful personal grievance, conduct of an employee which contributed to the situation giving rise to the grievance be taken into account by the Employment Tribunal or Court when determining the nature, and extent of the remedies to be awarded. En1ployee conduct in a broader sense is also relevant to the initial determination of renumeration and compensation awards.