Her role still existed - she just could not fill it without the jab
A registered nurse at Waikato Hospital who refused the Covid-19 vaccine and challenged her dismissal has lost on every front.
New Zealand’s Employment Relations Authority found on October 9, 2026, that Health New Zealand - Te Whatu Ora (HNZ) acted fairly and reasonably when it ended the nurse’s employment in late 2021.
The worker had declined the vaccination, saying she wanted to be fully informed about all of the risks first. That put her offside with the Covid-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021, which required health sector workers to receive a first dose by November 15, 2021, and a second by January 1, 2022. HNZ gave notice of termination on November 26, 2021.
Her main argument was that HNZ had not followed change management provisions in the Nursing and Midwifery Multi-Employer Collective Agreement. The mandate, she said, created a staff surplus - triggering options like being reconfirmed in her role or redeployed.
The Authority was not persuaded. A staff surplus only arises “as a result of substantial restructuring,” and restructuring is about positions, not people. The nurse’s role still existed. She just could not fill it.
The consultation trail told a similar story. HNZ sent an implementation process document, invited the worker to meetings, responded to her written feedback, and set out the medical exemption process. She was stood down on paid special leave on...
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