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Results for reinstatement

Showing 1-8 of 25 results
LGY v Board of Trustees [2025] NZERA 809 - interim reinstatement ordered pending dismissal grievance (non-publication)

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.

Matched passage: Interim reinstatement and permanent reinstatement issues For reinstatement, the Authority referred to the rule that reinstatement is the primary remedy, and noted that if a personal grievance is established, reinstatement must be ordered if it is practicable and reasonable.
DQJ v Commissioner of Inland Revenue [2025] NZEmpC 10 - ERA interim reinstatement refusal reversed

DQJ 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.

Matched passage: ... DQJ v Commissioner of Inland Revenue [2024] NZERA 723 ERA interim outcome: interim reinstatement declined Employment Court outcome: interim reinstatement to payroll granted Later substantive ERA decision: DQJ v Commissioner of Inland Revenue [2025] NZERA 365 The ...
WXN v Auckland International Airport Ltd [2021] NZEmpC 205 - interim reinstatement granted on challenge

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.

Matched passage: UrlEncode(judgmentUrl); } WXN v Auckland International Airport Ltd [2021] NZEmpC 205 - interim reinstatement granted on challenge The Employment Relations Authority had declined WXN's application for interim reinstatement.
Mujahid Khan v Chief Executive of the Ministry for Primary Industries [2026] NZERA 316 - interim reinstatement ordered after dismissal of senior quarantine officer

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.

Matched passage: Overall justice favoured interim reinstatement.
Craig (Andrew) Campbell v Qube Ports NZ Limited [2026] NZERA 174 - interim reinstatement ordered after medical incapacity dismissal; asthma/dust exposure dispute

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.

Matched passage: Serious question to be tried: permanent reinstatement The Authority then assessed whether there was a serious question to be tried about permanent reinstatement.
Ben Devine v Health New Zealand - Te Whatu Ora [2025] NZERA 206 - nurse's 'casual' status rejected; unpaid stand-down unjustified disadvantage; reinstatement ordered; $15,000 compensation plus lost wages

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.

Matched passage: A key contextual point recorded in the determination is that Mr Devine's ongoing desire for reinstatement was inconsistent with the idea of a fundamental breach bringing the employment relationship to an end.
Crawford Morris v Fire and Emergency New Zealand [2025] NZERA 612 - summary dismissal held unjustified; reinstatement declined; $20,000 compensation after contribution

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.

Matched passage: Reinstatement (declined) Mr Morris sought reinstatement.
The Board of Trustees v LGY [2026] NZEmpC 46 - interim reinstatement upheld on de novo challenge

A 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.

Matched passage: ... Important: this is not a final dismissal judgment The Court was dealing with interim reinstatement, not the final merits of LGY's personal grievance. The employer accepted there was an arguable unjustified-dismissal case and an arguable case for permanent reinstatement. ...

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