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StatuteEmployment Relations Act 2000

Section 127 — Employment Relations Act 2000: Authority may order interim reinstatement

Text of the provision Official document

127 Authority 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— (a) that are sustained by the other party through the granting of the order for interim reinstatement; and (b) that the Authority decides that the employee ought to pay. (3) The undertaking must be referred to in the order for interim reinstatement and is part of it. (4) 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. (5) The order for interim reinstatement may be subject to any conditions that the Authority thinks fit. (6) The Authority may at any time rescind or vary an order made under this section. (7) 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.

Official source: legislation.govt.nz

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