If you have never been in the Employment Relations Authority (Authority), either as a party to proceedings or as a witness, it may feel intimidating going along to your first Investigation Meeting. This article will help you understand what to expect and how to prepare for attending the Authority.
The Room
Some people expect the Authority to look and feel like a courtroom. In fact, it is usually much more informal than that, with the parties sat around a large table, with the Authority Member (the decision maker) at one end.
Usually, the lawyers or representatives of the parties will sit nearest to the Authority Member, with their clients next to them, and any witnesses next to the clients. One side of the table will be the applicant, their representative (if any) and any other witnesses, and the other side of the table will be the respondent.
Giving evidence
If you are giving evidence, you will need to be sworn or affirmed in by the Authority Member. This means promising to tell the truth, the whole truth and nothing but the truth. You can choose to do so by swearing on the bible or making a non-religious affirmation. Once you are sworn in, you will not be able to discuss the issues you are giving evidence on with your legal representative until you have finished giving evidence, even if the Investigation Meeting stops for a break.
In the Authority, everyone’s evidence is filed before the meeting takes place. This means you do not have to repeat what has already been set out in your witness statement.
You will be asked questions about your statement, first by the Authority Member, then in cross-examination by the other party’s legal representative.
Sometimes, your own legal representative will have further questions for you after that. The order that the witnesses are questioned in will usually be: applicant, applicant’s witnesses, respondent’s witnesses. This may be amended to suit the schedules of the parties involved. You should have a copy of your witness statement and any attachments (with no notes or markups) in front of you while you are being questioned.
How to prepare
If you are represented, your lawyer should talk you through the kinds of questions you should expect from the Authority Member and from the other party’s cross examination. Directions from the Authority will also note what specifically the Authority Member will be investigating in the meeting.
You should make sure you are familiar with your own witness statement and attachments, and any other evidence that has been put forward on your behalf. If you have any questions, make sure you ask your legal representative, or if you are self-represented, the Authority Officer managing your case.
On the day, make sure you arrive with plenty of time to find a car park, find the correct building and check in with reception before going to the meeting room.
Breaks can be quite short, and often the full day is spent in the Investigation Meeting, so make sure you are available for the full day or days set aside by the Authority.
The Authority is an open forum where anyone can attend, so if you do wish to have a support person present you can.
About the Author
Kate Tennent is an Employment Lawyer who is passionate about providing practical, people-focused advice and helping clients navigate employment challenges with clarity and confidence.
About Edwards Sluiters
We are New Zealand’s largest independent firm dedicated exclusively to employment relations and workplace law. With offices nationwide, the team is known for its specialised expertise, practical approach, and deep understanding of workplace dynamics, helping clients achieve fair, effective, and sustainable outcomes.
