Plain language law

New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Remedies available to employees

66: Reinstatement

You could also call this:

“Getting your job back if you win your case”

If you win your case and the Employment Relations Authority or the Employment Court says you should get your job back, this is called reinstatement. When this happens, you must be allowed to return to your job right away or on a specific date that they decide. Even if someone appeals the decision, you still get to go back to work while they wait for the appeal to be decided.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121059.

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Part 7 Remedies available to employees

66Reinstatement

  1. Where the remedy of reinstatement is provided by the Employment Relations Authority or the Employment Court, the employee must be reinstated immediately or on such date as is specified by the Employment Relations Authority or the Employment Court and, despite any appeal against the determination of the Employment Relations Authority or the Employment Court, the provisions for reinstatement remain in full force pending the determination of the appeal.

Notes
  • Section 66: substituted, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).