Economic conditions, employment relationship factors in considering interim reinstatement
Reinstatement is emerging as an increasingly common outcome in personal grievance cases, reaffirming its status as the primary remedy under the Employment Relations Act 2000.
The Act requires the Employment Relations Authority or Court to provide for reinstatement wherever it is practicable and reasonable, placing the burden on employers to prove otherwise.
The outcome of ongoing case Du Fall v. Mokoia Intermediate School Board will provide insight into reinstatement’s viability despite a breakdown in the employment relationship.
Practicability goes beyond whether reinstatement is possible – it asks if the employment relationship can realistically be restored.
Reasonableness involves considering the impact on the employee, employer, and any affected third parties.
Finally, the Authority or Court turns to consider the overall interests of justice.
The employer bears the burden of proving reinstatement is impracticable. Reinstatement may be ordered alongside other remedies, and factors like time out of the role and avoiding litigation have previously influenced decisions.
In the case of Du Fall v Mokoia Intermediate School Board, in April 2025 Ms Du Fall was dismissed from her role as the school’s executive officer on the grounds of incompatibility.
She raised a personal grievance for unjustified dismissal and...
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