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New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Remedies available to employees

55: Interim order

You could also call this:

“Getting your job back temporarily if you're fired unfairly while expecting a baby”

If your employer has ended your job or told you they’re going to end it within the last 2 months, and you think this goes against the law, you can ask for help. You can go to the Employment Relations Authority and ask them to make your employer give you your job back or cancel the notice that says your job will end. This is called an interim order.

The interim order will last for a certain amount of time. It will end on the later of two dates: either 26 weeks after it’s made, or 26 weeks after you or your partner have your baby or become the main carer for a child.

If you need more time, you can ask the Employment Relations Authority to extend the interim order. They will do this if they think you’re trying your best to use other ways to solve the problem.

When the Employment Relations Authority makes an interim order or extends it, they will send a letter to your employer to let them know.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121032.

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Part 7 Remedies available to employees

55Interim order

  1. Where any employee alleges that the employee's employer has, within the preceding 2 months and in contravention of section 49(1), terminated the employee's employment or given the employee notice terminating the employee's employment, the employee may apply ex parte to the Employment Relations Authority for an interim order reinstating the employee in the employee's position or cancelling the notice terminating the employee's employment.

  2. Subject to subsection (3), every interim order made under subsection (1) shall expire on a date to be specified in the order, being the later of—

  3. a date not later than 26 weeks after the date on which the order is made; or
    1. a date not later than 26 weeks after—
      1. the expected date of delivery of the child (in the case of a child born to the employee or to the employee’s spouse or partner); or
        1. the first date on which either the employee or the employee’s spouse or partner becomes the primary carer in respect of the child (in any other case).

        2. An interim order made under subsection (1) may be renewed by the Employment Relations Authority from time to time on the ex parte application of the employee in whose favour it was made if the Employment Relations Authority is satisfied that the employee is taking reasonable steps to use the procedures available to the employee under sections 57 to 67.

        3. An officer of the Employment Relations Authority shall send a copy of the interim order and of every decision renewing the interim order to the employer by registered letter.

        Notes
        • Section 55: substituted, on , by section 5 of the Parental Leave and Employment Protection Amendment Act 1991 (1991 No 28).
        • Section 55(1): amended, on , by section 14(1) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
        • Section 55(1): amended, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
        • Section 55(2)(b): replaced, on , by section 44 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
        • Section 55(3): amended, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
        • Section 55(4): amended, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).