When faced with a difficult situation at work, such as a disagreement over your pay, a breakdown in your employment relationship, or a dismissal that feels unfair, you may wonder what your options are. The Employment Relations Authority, often referred to as the ERA, is one place where employees and employers in New Zealand can turn to help resolve employment disputes.
The Employment Relations Authority is an independent tribunal set up under the Employment Relations Act. Its purpose is to investigate employment problems and make legally binding decisions to resolve these issues. These decisions are called determinations. The Authority is not a court, and its processes are generally less formal. It focuses on the facts of the situation and the fairness of the outcomes rather than strict technicalities.
Before a case reaches the ERA, most people will try to resolve the issue directly with the other party or through mediation. In fact, if you apply to the ERA without having tried mediation first, your case may be referred back to mediation before it progresses any further. Mediation allows both parties to talk through the problem with the help of an independent mediator and often leads to a resolution without the need for a formal investigation.
If the matter cannot be resolved and an application is lodged with the Authority, the process begins with a case management conference. This is a planning discussion led by an Authority Member to clarify the key issues and decide what steps need to happen next. The Authority Member may ask for more information, set deadlines, and help prepare both sides for the next stage.
The investigation meeting is the main event in the process. It is similar to a hearing but is usually less formal than what you might find in court. Both sides will have a chance to present their case, call witnesses, and provide evidence. The Authority Member leads the meeting, asks questions, and ensures the process is fair for everyone involved. You can choose to represent yourself or have someone else represent you. This could be a lawyer, union representative, employment advocate, or even a friend or family member, as long as you have given them permission to act on your behalf.
Once the Authority Member has heard from both parties and considered the evidence, they will issue a determination. This is the final decision and it is legally binding. It may include remedies such as lost wages, compensation, penalties, or even reinstatement if appropriate. If you disagree with the determination made, you may be able to challenge it in the Employment Court.
The time it takes for a case to go through the ERA depends on a few factors. These include whether the case is urgent, whether the parties have already been to mediation, the availability of everyone involved, and the complexity of the issues. In some situations, the ERA can move quickly, particularly if interim action is needed, such as a request for reinstatement.
There are some costs involved with engaging the ERA. Firstly there is a fee to lodge an application. Then, if your case proceeds to an investigation meeting, you are responsible for paying the meeting fee. Should you choose professional representation there may be the cost of their fees. If you are successful, the Authority may order the other party to reimburse this fee or contribute to your representation costs.
The ERA deals with a wide range of employment problems. These include personal grievances such as unjustified dismissal, pay disputes, issues with employment agreements, parental leave concerns, and union-related matters. It is important to know that there are time limits. For example, for most personal grievances, you must raise the issue with your employer within 90 days of the problem occurring, or within 12 months for sexual harassment claims.
If you are dealing with a workplace issue and are contemplating going to the ERA, My Advocate are here to help. We'll help you understand how the process works and give you clarity and confidence as you decide your next steps.