Plain language law

New Zealand law explained for everyone

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:

“Rules about putting an employee back in their job right away if a court says they should be”

If the Authority or the court decides you should get your job back, this is called reinstatement. When this happens, you must be given your job back right away or on a date that the Authority or court chooses. Even if someone challenges or appeals this decision, you still get to keep your job while they sort it out. The only way this can change is if the Authority or court says something different.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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 rights
Crime and justice > Courts and legal help
Previous

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.”

Next

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 9 Personal 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