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Employment Relations Act 2000

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

127: Authority may order interim reinstatement

You could also call this:

“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.”

The Authority can order you to be temporarily put back in your job if you’ve raised a personal grievance with your employer. This means you can keep working while your case is being looked at. To get this order, you need to ask the Authority and promise in writing that you’ll follow any decisions they make about money you might owe if the order causes problems for your employer.

When you ask for this temporary job reinstatement, you have to sign a promise. This promise becomes part of the order if it’s given. The Authority will use the same rules they use for other temporary orders when deciding whether to give you your job back for now.

The Authority can add conditions to the order if they think it’s needed. They can also change or cancel the order at any time. If your case is being looked at by a court instead of the Authority, the court can also give an order to put you back in your job for now.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60370.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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126: Provisions applying if reinstatement ordered, or

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

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128: Reimbursement, or

“Money given back to workers who lost pay because of unfair treatment at work”

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

127Authority may order interim reinstatement

  1. The Authority may if it thinks fit, on the application of an employee who has raised a personal grievance with his or her employer, make an order for the interim reinstatement of the employee pending the hearing of the personal grievance.

  2. The employee must, at the time of filing the application for an order under subsection (1), file a signed undertaking that the employee will abide by any order that the Authority may make in respect of damages—

  3. that are sustained by the other party through the granting of the order for interim reinstatement; and
    1. that the Authority decides that the employee ought to pay.

      1. The undertaking must be referred to in the order for interim reinstatement and is part of it.

      2. When determining whether to make an order for interim reinstatement, the Authority must apply the law relating to interim injunctions having regard to the object of this Act.

      3. The order for interim reinstatement may be subject to any conditions that the Authority thinks fit.

      4. The Authority may at any time rescind or vary an order made under this section.

      5. Nothing in this section prevents the court from granting an interim injunction reinstating an employee if the court is seized of the proceedings dealing with the personal grievance.