Interim Reinstatement

Urgent help to get your job back while your case is decided, from MK Law’s employment team.

When you lose your job, you usually cannot afford to wait months for a hearing to find out whether the dismissal was lawful. Interim reinstatement is a way of asking the Employment Court to put you back in your role now, on a temporary basis, while your case is worked through. It is one of the most practical tools available to a dismissed employee, and it is an area where early legal advice makes a real difference.

What is an interim reinstatement?

Interim reinstatement is a temporary order returning you to your job while your substantive claim is being decided. It is not the final word on whether your dismissal was justified. It is a holding measure that keeps you in work and on pay until the Court can deal with the full grievance.

The purpose is to prevent harm from accumulating during the wait. If you are left out of work for the time it takes a case to reach a hearing, you may lose income, fall behind on commitments, and in some cases lose status that depends on being employed. An interim order is designed to hold the position steady so that, if you ultimately succeed, the win still means something.

What the Court weighs

When the Court decides whether to grant interim reinstatement, it works through several questions. In plain terms, these are:

• Is there an arguable case that the dismissal was unjustified? You do not have to prove the whole case at this early stage. You need to show there is a genuine question to be tried.
• Is permanent reinstatement realistically available? The Court will consider whether permanently returning you is a workable outcome if you win, since an interim order is meant to preserve that possibility.
• Where does the balance of convenience lie? The Court weighs the harm to you if the order is refused against the difficulty for the employer if it is granted.
• What does overall justice require? Taking everything together, the Court asks what the fair result is in the particular circumstances.

These questions are connected, and how they are presented matters. Careful preparation of the evidence at the outset often determines the application.

When interim reinstatement matters most

Interim reinstatement can be especially important where:

• You cannot manage financially while you wait. A long gap without income causes real and lasting harm, and that harm is central to the Court’s assessment.
• Your employment is tied to a work visa. Losing a job can put your immigration status at risk, which raises the stakes well beyond the workplace. MK Law works at the meeting point of employment and immigration law, and we understand how the two interact for migrant workers.
• Your role is specialised or hard to replace. If your skills or position are not easily picked up elsewhere, staying in the role can be more important than it might first appear.
• You believe you were targeted. Where a dismissal looks connected to something you were entitled to do, getting back into the workplace promptly can matter both practically and to your case.

A reinstatement order can take effect straight away

If the Court orders reinstatement, that order generally continues in force even if the employer appeals, unless the Court grants a stay. In practice, this means a reinstatement order can take effect immediately, rather than being put on hold while the appeal runs its course. Understanding how this works and how to respond if the other side seeks a stay is part of getting the outcome to hold.

Why acting quickly matters

Interim applications turn on timing. The longer you wait after a dismissal, the harder it can be to show that urgent intervention is needed, and delay can weaken your position on the balance of convenience. If you are thinking about asking for your job back, it is worth getting advice early rather than letting time pass.

How MK Law can help

• Assessing your prospects: We give you a realistic view of whether an interim application is worth bringing in your situation.
• Urgent filing: We can prepare and file an application quickly when time is short.
• Evidence and affidavits: We help you put together the affidavit evidence the Court needs to see, in a clear and well-organised form.
• Opposing or seeking stays: We act for employees both in pursuing reinstatement and in responding to a stay sought by an employer.
• Legal aid: Where you are eligible, legal aid may be available, and we can advise you on this.

Why choose MK Law

Under the guidance of Michael Kim, an experienced employment lawyer and legal aid provider, MK Law offers practical and accessible representation in employment disputes. We are known for honest advice and reasonable fees, and we take particular care with cases where employment and immigration issues overlap. Our aim is to ensure your rights are protected and that cost is not a barrier to taking action when it counts.

Contact MK Law

If you have been dismissed and want advice on interim reinstatement, contact us early so we can assess your options.

• Phone: 09 365 1110 or 021 717 909
• Email: michael@mklaw.nz
• Contact page