| 19 August 2023

Tikanga values applied to assess employer's dismissal of unvaccinated employee

A recent Employment Court judgment has held that individualised assessment and consultation was required before an employer could justifiably dismiss an employee on account of their vaccination status: GF v Comptroller of the New Zealand Customs Service [2023] NZEmpC 101.  The judgment also included novel discussion of tikanga values in employment relationships and of the heightened employment obligations of public service organisations.  Further, the decision flagged that the range of financial remedies awarded in the employment jurisdiction to compensate employees for injury to feelings needs to be increased to account for inflation.


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By Dana Thomson, Solicitor.