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Results for reinstatement

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Employment Relations Authority
3 articles

The Employment Relations Authority (ERA) decides employment disputes when they cannot be resolved through negotiation or MBIE mediation. The ERA runs an investigation meeting process and issues binding determinations, including remedies, penalties, and costs.

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Employment Court
11 articles

Employment Court proceedings include challenges to Employment Relations Authority determinations, urgent applications and other specialist employment cases. Deadlines, pleadings, evidence and costs require careful preparation.

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Employment Court Case Summaries
17 articles

New Zealand Employment Court case summaries covering challenges to Employment Relations Authority decisions, unjustified dismissal, unjustified disadvantage, remedies, procedure, and other significant employment law issues.

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Election 2026: Labour and Opportunity Asked About the 2026 Employment Law Changes

Ahead of the 2026 election, Labour and Opportunity were asked to state their positions on the recent Employment Relations Act changes, including contribution, remedies and employee access to justice.

Matched passage: The practical importance is that not every action by an employee should extinguish reinstatement.
Serious misconduct in NZ employment law - how to classify it (and why it matters more after 21 Feb 2026)

A practical framework for distinguishing ordinary misconduct from serious misconduct after the 2026 remedy amendments, with emphasis on the contractual standard, the facts proved and proportionality.

Matched passage: Even lesser contribution can reduce remedies, affect reinstatement, and shrink compensation.
Contribution after the Employment Relations Amendment Act 2026: expect strict interpretation, not a free pass

Analysis of the 2026 contribution changes and the continuing need to prove blameworthy employee conduct that contributed to the situation giving rise to the grievance before remedies are reduced or removed.

Matched passage: Contribution (even if not serious misconduct) (new s 123C): if an employee action contributed to the situation, then reinstatement and compensation (humiliation, loss of dignity, injury to feelings) are not available.
Employment Relations Amendment Act 2026 - what changed and when it applies

A consolidated guide to the Employment Relations Amendment Act 2026: commencement dates, changes to personal-grievance remedies and contribution, and the transitional question of which law applies to a particular dispute.

Matched passage: Contribution (even if not serious misconduct): if an employee action contributed to the situation, then reinstatement and compensation (for humiliation/loss of dignity/injury to feelings) are not available.
Christmas party misconduct: when employers can discipline or dismiss

Employment-law lessons from misconduct at Christmas parties and other work functions, including alcohol, off-duty conduct, investigations and when discipline or dismissal may be justified.

Matched passage: The investigation into this incident that led to K's dismissal was found to be procedurally unfair and reinstatement was ordered.

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