Her union missed the deadline by 24 hours - but the breach of contract fight is far from over
A New Zealand teacher dismissed for refusing the COVID-19 vaccine has kept her breach of contract claims alive - but only just.
The Employment Court granted the teacher an extension of time on October 5 after her union miscalculated the deadline to challenge an employment authority ruling by a single day.
The teacher had worked at Cromwell College as a resource teacher of learning and behaviour since October 2012. In November 2021, New Zealand amended its COVID-19 Public Health Response (Vaccinations) Order to require certain education sector employees to be vaccinated. The teacher was not vaccinated, and the College gave her notice of termination on December 2, 2021. Her effective date of dismissal was February 4, 2022.
Nearly three years passed before she lodged a claim with the Employment Relations Authority.
That claim cast a wide net. It included personal grievances for unjustified dismissal and disadvantage, alleged breaches of the employment agreement, a breach of the Health and Safety at Work Act 2015, and a damages claim for breach of good faith. The good faith claim was later dropped.
The Authority's ruling, issued January 8, 2026, went against the teacher on every front. On the disadvantage grievance, it held it had no power to investigate because the College was simply carrying out the vaccination order - the validity of which had already been upheld by the High Court...
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