Author: Zachary Pentecost (LLB, BCom), Senior Associate, Edwards Sluiters, Christchurch
Published: 13th August 2026
Legislation: Employment Relations Authority Process
Key Takeaways
- The Employment Relations Authority (ERA) is New Zealand’s primary body for investigating employment relationship disputes.
- Most disputes should first be addressed through direct discussion or mediation.
- Once an application is accepted, the Authority manages evidence, witness statements and hearing preparation.
- Investigation Meetings allow parties to present evidence before an Authority Member.
- The Authority can order remedies including reinstatement, lost wages and compensation.
- Early legal advice and thorough documentation improve preparation for both employers and employees.
Navigating the Employment Relations Authority Process
For many employers and employees, an employment dispute may be their first experience of a formal legal process. The prospect of taking a matter to the Employment Relations Authority (“Authority”) can therefore be daunting, particularly for those unfamiliar with the process.
The ERA is New Zealand’s primary employment dispute-resolution body. It investigates employment relationship problems and can make binding determinations where the parties have been unable to resolve a matter themselves.
Although the process is intended to be less formal than a Court proceeding, it is still important to understand what may be required and to prepare carefully, given the Authority has the ability to make significant awards to the successful party.
Before a matter reaches the Authority
In most cases, the process begins well before an application is made to the Authority.
The Authority generally expects those involved in an employment dispute to make genuine efforts to resolve the issue directly.
This can be completed between those involved, or alternatively with the help of mediation, which is commonly used to help employers and employees discuss the dispute and explore whether an agreed outcome can be reached.
Where mediation has not already taken place, once a matter is filed in the Authority, the parties are likely to be directed to attend it. A successful resolution at this stage can avoid the time, cost and uncertainty of a formal Authority process.
If you would like to read more about the role of mediation in resolving employment disputes, see our article on mediation.
When a matter is allocated to the Authority
If the employment dispute does not resolve at mediation or through direct discussion, the Authority will then become involved.
After the Applicant confirms that they wish to continue with the process, the matter will be allocated to an Authority Member. An Authority Member performs a role broadly comparable to that of a judge. However, as above, the Authority’s process is intended to be more investigative and less technical than a traditional Court proceeding.
Case management and preparation
Once a matter is allocated to an Authority Member, the next step will likely be the parties attending a case management conference. A case management conference is used to clearly identify the issues in dispute and set directions for how the matter will proceed.
Following the case management conference, the Authority will issue directions setting out the steps required before the Investigation Meeting. An Investigation Meeting is the Authority’s formal hearing.
The directions will usually cover:
- exchanging relevant documents and information;
- filing witness statements; and
- setting the timetable for the Investigation Meeting.
Following these directions, the process can somewhat resemble standard Court litigation. Both sides will need to identify the evidence they rely on and be prepared to explain their respective positions clearly.
Thorough preparation is important, including gathering relevant correspondence, employment agreements, policies, meeting notes, performance records and any other material that may assist the Authority.
The Investigation Meeting
If the matter is not resolved beforehand, it will then proceed. At the Investigation Meeting, each side has the opportunity to present evidence, call witnesses and make submissions to the Authority Member.
While an Investigation Meeting is generally less formal than a Court hearing, it remains a serious meeting that needs to be handled with care.
The Member will ask questions directly, witnesses will be examined, and the opposing representative may cross-examine witnesses where appropriate.
The Authority can also seek further evidence or information if it considers this necessary to investigate the matter properly.
The determination
A determination is the Employment Relations Authority’s formal decision resolving the employment relationship problem and identifying any legal remedies that apply.
After considering the evidence and submissions, the Authority will issue an oral or written determination. This records its findings and may deal with any remedies that are available on the facts of the case.
Depending on the dispute, remedies can include reinstatement, compensation, reimbursement of lost wages or other orders.
If you are wondering what happens when a Record of Settlement or an Employment Relations Authority determination is ignored, we have written a practical guide explaining the legal consequences.
Practical considerations for employees and employers
For employees, preserving relevant evidence and recording concerns as they arise can make a meaningful difference if a dispute later develops. For employers, a well-documented and fair process is often central to responding to a claim and resolving issues at an earlier stage.
Timeliness also matters. Employment disputes can involve statutory time limits, and delay may affect the options available.
Obtaining early advice can help both employees and employers understand their rights, assess the risks and make informed decisions before positions become entrenched.
This article explains the Employment Relations Authority process from the beginning of a dispute through to a determination. If you would like to know what actually happens at an Investigation Meeting, including how evidence is given and how to prepare, see our guide What to Expect at the Employment Relations Authority.
How Edwards Sluiters can help
Edwards Sluiters is a specialist employment law firm acting for both employers and employees across a wide range of contentious and non-contentious employment matters. Our team assists with personal grievances, disciplinary and performance processes, restructures and matters that proceed to the Employment Relations Authority, Employment Court and beyond.
Every employment dispute turns on its own facts. If you need assistance with an employment matter or would like advice on the Authority process, please contact Edwards Sluiters.
About the Author
Zachary Pentecost (LLB, BCom (Econ)) is a Senior Associate at Edwards Sluiters. He advises employers and employees on all aspects of New Zealand employment law, with particular expertise in employment disputes, personal grievances, workplace investigations, and proceedings before the Employment Relations Authority and Employment Court.
FAQ - Employment Relations Authority
The Employment Relations Authority is an independent tribunal that resolves employment relationship problems. It investigates the facts of each case and makes binding determinations based on the merits of the dispute rather than legal technicalities.
The application fee for the Employment Relations Authority is $71.55, including GST. There is no additional fee for a case management conference or the first day of an Investigation Meeting. If the Investigation Meeting continues beyond the first day, the applicant must pay $153.33 for each additional half-day.
These fees do not include the cost of hiring a lawyer. The Authority may order one party to contribute towards the successful party’s reasonable representation costs and expenses.
The parties are generally expected to try to resolve an employment dispute before it proceeds through the Authority. If mediation has not already occurred, the Authority will usually recommend or direct the parties to attend mediation before continuing with the formal process.
An Investigation Meeting is the Authority’s formal hearing. The parties present evidence and submissions, witnesses may be questioned, and the Authority Member investigates the facts before making a determination.
A party may represent themselves in the Employment Relations Authority or obtain assistance from a lawyer or representative. Professional advice can help a party identify the relevant issues, prepare evidence and comply with the Authority’s directions.
Relevant evidence may include employment agreements, workplace policies, emails, letters, text messages, meeting notes, wage records, performance documents and witness statements. The evidence required will depend on the facts and legal issues involved in the employment dispute.
Depending on the claim, the Authority may order remedies such as reinstatement, reimbursement of lost wages, compensation, payment of money owed, compliance with an employment agreement or settlement, and penalties.
A determination records the Authority’s findings and any remedies or costs awarded. Depending on the circumstances, a party may be able to challenge all or part of the determination in the Employment Court.
