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Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Remedies in relation to personal grievances

126: Provisions applying if reinstatement ordered

You could also call this:

"What happens if you get your job back after someone decides you should be reinstated"

Illustration for Employment Relations Act 2000

If you get your job back because of a decision made by the Authority or the court, you will start work again right away or on a date they choose. The Authority or the court might make this decision even if the other party does not agree, and you will go back to work while they sort it out. You will keep your job until the Authority or the court says something different, even if the other party is appealing the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60369.

Topics:
Work and jobs > Worker rightsRights and equality > Anti-discrimination
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125: Reinstatement to be primary remedy, or

"If an employee was unfairly treated at work, the first choice is to try to get their job back if possible."

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127: Authority may order interim reinstatement, or

"The people in charge can tell a boss to give a worker their job back for a little while until they figure out if the worker was treated unfairly."

Part 9Personal grievances, disputes, and enforcement
Remedies in relation to personal grievances

126Provisions applying if reinstatement ordered

  1. Where the remedy of reinstatement is provided by the Authority or the court, the employee must be reinstated immediately or on such date as is specified by the Authority or the court and, despite any challenge to or appeal against the determination of the Authority or the court, the provisions for reinstatement remain in full force pending the outcome of those proceedings unless the Authority or the court otherwise orders.

Compare
  • 1991 No 22 s 42