Matters · [2021] NZERA 489

Karl Malcolm, Carol Waring, Phillippa McDermott, Rebecca Mildren and Julie Kerr v The Chief Executive of Department of Corrections, Counties Manukau District Health Board, Waikato District Health Board, Bay of Plenty District Health Board and Capital & Coast District Health Board

Five employees, one employed by the Chief Executive of Department of Corrections and four by district health boards, claimed that being required to be vaccinated under a COVID-19 order was an unjustified disadvantage or discrimination, and asked for the matter to be removed to the Employment Court. The Authority held it had no jurisdiction over the claims as pleaded and declined removal. The Employment Court later struck out the employees' challenge for want of jurisdiction, and costs went to the respondents in both forums.

1. Originating determination · [2021] NZERA 489 · 2021-11-05
2. Costs · [2021] NZERA 517 · 2021-11-23
3. Challenge · [2022] NZEmpC 39 · 2022-03-09
4. Challenge · [2022] NZEmpC 180 · 2022-09-29