A recent decision of the Employment Court gave an employee interim reinstatement to their job when that employee was unvaccinated and likely subject to a government vaccination order. The case is WXN v Auckland International Airport Limited  NZEmpC 205.
The decision came out before the COVID-19 Response (Vaccinations) Legislation Act was passed. However, the key outcome of the case is that consultation with employees about the impact of a vaccination requirement, an employer’s risk assessment, redeployment issues and alternatives to termination must be extensive. The Court found that AIAL had not adequately considered proposals the employee made, including him taking a period of unpaid leave, and that interim reinstatement should be granted. We understand the case has since been settled.