LGY sought interim reinstatement after being dismissed by a school board while the substantive personal grievance remained unresolved. The Board relied on serious allegations and workplace concerns, while LGY argued there was a strong arguable dismissal case and that reinstatement could operate pending a final hearing.
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Results for reinstatement
DQJ v Commissioner of Inland Revenue [2025] NZEmpC 10 - ERA interim reinstatement refusal reversed
CaseDQJ challenged an ERA decision refusing interim reinstatement after Inland Revenue ended her employment. The Employment Court had to decide whether preserving the employment relationship pending the substantive grievance was justified without deciding the ultimate merits.
WXN, a long-serving Auckland Airport maintenance technician, lost his job after not meeting a COVID-19 vaccination requirement and sought interim reinstatement while challenging the termination. The ERA declined interim relief.
Senior quarantine officer Mujahid Khan, an 18-year MPI employee, sought interim reinstatement after dismissal while his substantive grievance remained unresolved. The ERA considered the strength of the arguable dismissal case, the possibility of permanent reinstatement and the balance of convenience.
A Port of Tauranga stevedore was dismissed for medical incapacity after an asthma flare during dusty palm-kernel work. He sought interim reinstatement, arguing there was a serious dispute about the actual exposure risk, his capacity for modified duties and the employer's consideration of alternatives.
Ben Devine had historically held permanent nursing hours but Health New Zealand later relied on documents describing part of his work as casual and left him on an unpaid stand-down. The case concerned the real nature of the employment relationship and whether the employer could remove work and pay without a proper process.
Fire and Emergency summarily dismissed Crawford Morris after complaints about interactions with a female volunteer firefighter, including comments about physical capability and a later dispute over protective clothing. The ERA examined whether insensitive conduct reached the serious-misconduct threshold.
The Board of Trustees v LGY [2026] NZEmpC 46 - interim reinstatement upheld on de novo challenge
CaseA school Board challenged an ERA order temporarily reinstating LGY while the employee's substantive dismissal grievance remained unresolved. The employer relied on alleged serious misconduct, loss of trust and workplace relationship concerns to resist reinstatement.
