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Fire and Emergency New Zealand Act 2017

Fire and Emergency New Zealand - Appointments, vacancies, and requirement to leave FENZ - Leaving FENZ compulsorily due to incapacity

34: When operational employee required to leave FENZ ceases to be employee

You could also call this:

"What happens when a FENZ worker has to leave their job and stops being an employee"

Illustration for Fire and Emergency New Zealand Act 2017

If you are a FENZ operational employee and you have to leave FENZ because you are not able to do your job, you stop being a FENZ employee. This happens when the time specified in the notice runs out, or if you give up your right to notice and FENZ agrees to this in writing. You get written notice of this. If you take a personal grievance action because you have to leave FENZ, you can still be a FENZ employee, but you might not get paid while this is happening. If you are not allowed to come back to work, you stop being a FENZ employee when you get written notice of the decision. You can find more information about this in section 33.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6873305.

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33: Board may require member of operational personnel to leave FENZ due to incapacity, or

"Fire and Emergency staff can be asked to leave if they can't do their job."

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35: Appeal by volunteer against requirement to leave FENZ compulsorily, or

"A volunteer can appeal if they are asked to leave FENZ"

Part 1Fire and Emergency New Zealand
Appointments, vacancies, and requirement to leave FENZ: Leaving FENZ compulsorily due to incapacity

34When operational employee required to leave FENZ ceases to be employee

  1. An operational employee who is required under section 33(1) to leave FENZ ceases to be a FENZ employee—

  2. on the expiration of the time specified in the notice referred to in section 33(3)(a); or
    1. if, the employee waives the right to notice under section 33(4), on the date on which the board gives to the employee written notice of consent to the waiver.

      1. Despite subsection (1), if the operational employee takes a personal grievance action in respect of the requirement to leave FENZ,—

      2. the employee remains a FENZ operational employee but may be placed on unpaid leave until the action is determined or completed; but
        1. if reinstatement is not ordered, the employee ceases to be a FENZ employee on the date on which written notice of the decision determining or completing the action is given to the employee.

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