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Results for reinstatement

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No jab, no job: when refusal can lead to dismissal and a personal grievance

A guide to the employment-law disputes created by workplace Covid-19 vaccination requirements, including dismissal, disadvantage, consultation, alternatives and minimum-entitlement issues.

Matched passage: ... about the vaccine and how it might effect his health condition. The claim was for interim reinstatement and when considering that issue the question is answered in view of these factors: Whether there is a serious question to be tried, in relation to the claim of ...
Eric Paul Tillocksingh v Driver Employment Limited [2026] NZERA 663 - resign or be dismissed ultimatum was an unjustified dismissal

After a customer complaint, truck driver Eric Tillocksingh was called into meetings without advance written allegations or warning that dismissal was possible. The ERA preferred his evidence that he was told to resign or be dismissed, found the process fundamentally unfair, and awarded $15,000 compensation plus $17,448.75 lost remuneration.

Matched passage: Reinstatement: not sought or ordered.
Gumbeze v Chief Executive of Oranga Tamariki [2024] NZEmpC 133 - serious misconduct finding overturned

Oranga Tamariki summarily dismissed social worker Bigson Gumbeze after an external investigation into complaints about his supervision, dealings with managers and aspects of his practice. The ERA upheld the dismissal, but he challenged that result afresh in the Employment Court.

Matched passage: Remedies Reinstatement was declined because the relationship had become unworkable after years away from the workplace and serious deterioration in trust between Mr Gumbeze and senior management.
CHENG v THE VICE CHANCELLOR OF LINCOLN UNIVERSITY [2025] NZERA 167 - personal grievance partly successful; compensation and lost wages

Ms Cheng's case against Lincoln University involved several employment grievances and required the ERA to distinguish the claims that were made out from those that were not. The resulting orders included both compensation and a wage-related remedy rather than an across-the-board finding for either party.

Matched passage: ... did nothing about Ms Cheng's complaints until after she lodged her application for interim reinstatement in the Authority. In short, Lincoln University says the context of the 6 September 2023 meeting complaint together with Ms Cheng's failure to raise anything further with HR ...
Briar Leckie v Alliance Group Limited [2020] NZERA 221 - unjustified suspension and induced resignation treated as dismissal; $15,000 compensation; reimbursement reserved

Briar Leckie was suspended by Alliance Group after a workplace incident involving another employee and later left the employment in circumstances she said had been induced by the employer's handling of the matter. The case focused on the lack of inquiry before suspension and the reliability of the material used against her.

Matched passage: Remedies: compensation, reinstatement, and contribution The Authority took a global approach to compensation (rather than splitting the suspension and dismissal) and ordered $15,000 compensation under s 123(1)(c)(i).
MA v NO.2 NOODLE NZ LIMITED [2026] NZERA 25 - Unjustified dismissal upheld; $9,500 compensation; one week wages; $500 penalty.

Ms Ma's short restaurant employment ended after management announced reduced hours and a disputed phone call, followed by her omission from the next roster. The employer said she was casual and had abandoned employment.

Matched passage: The decision to not reinstate Ms Ma to the roster following this phone call amounted to a sending away.
RAINA v HALL'S REFRIGERATED TRANSPORT LIMITED [2025] NZERA 469 - disciplinary process and dismissal procedurally unfair

Mr Raina faced disciplinary action by Hall's Refrigerated Transport, including a meeting invitation that did not tell him he could bring a support person and a generic warning that dismissal was possible. The case concerned both disadvantage during the process and the justification for the eventual termination.

Matched passage: In the circumstances The Authority found Mr Raina should not be reinstated.

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