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Employment Relations Authority Investigation

Unfair Dismissal Unfair Dismissal ERA ERA

The Employment Relations Authority is an investigative body created by the Employment Relations Act 2000 to resolve employment disputes early and without regard to technicalities.

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Employment Relations Authority

In the Employment Relations Authority the Authority Member decides the dispute. Evidence is taken and tested using witness statements. A decision can take up to three months to be published.

Investigation Meeting

Video sources: Victoria University of Wellington YouTube channel

The investigation meeting is run by the Authority Member. ERA investigation meetings are held in the main centres of the country, Auckland, Wellington and Christchurch. For remote parts of the country the Authority Member will also travel to other towns nearer to the parties.

Introduction

The issues for determination are clarified, whether the applicant was unjustifiably dismissed and what remedies the applicant could be awarded in terms of the Employment Relations Act 2000.

Employee Evidence

The applicant is sworn in and questioned by the Authority Member and the respondent's lawyer. The applicant has already prepared a written witness statement in support of his claim and his evidence is tested.

Employer Evidence

The respondent is questioned about their witness statement and the dismissal. Their witness statement also has been provided in advance with the assistance of their lawyer.

Closing Submissions

The employment lawyers give submissions to the Authority Member based on the evidence and applying the relevant employment law to the facts of the case.

Determination

After having considered the evidence and submissions from the representatives, the Authority Member makes a reasoned decision by applying the law to the facts of the case.

ERA NZ Process

The ERA process is involved and lengthy. When taking a case against an employer, the employer may throw surprises into the mix along the way. It is therefore important that you seek professional and competent representation. We are employment law advocates, we are cheaper than lawyers and can provide a no win no fee service.


Last Updated: August 15, 2021 0800 WIN KIWI