Employment Relations Authority

How the ERA process works - what to expect and how to prepare

The Employment Relations Authority (ERA) is where many employment disputes end up when they do not resolve through direct negotiation or MBIE mediation. The ERA investigates the facts and makes a decision called a determination, which is legally binding.

People often assume the ERA is like a traditional court hearing. In practice, the ERA is an investigative process. The Authority Member will usually ask most of the questions, work through the issues, and test the evidence from both sides.

What the ERA can deal with

The ERA covers "employment relationship problems" which can include personal grievances (PGs), wage and holiday pay disputes, and other problems arising out of an employment relationship. It is not only for employees - employers also bring claims in the ERA.

• Unfair dismissal and disadvantage: personal grievance claims.
• Wages and Holidays Act issues: arrears, holiday pay, and related underpayment disputes.
• Breaches of employment agreements: including employer or employee obligations.
• Penalties and compliance: where the law provides for penalties or compliance orders.
• Urgent / interim applications: in some cases (for example interim reinstatement or interim injunctions).

Before filing - do the basics properly

Before you file in the ERA, the usual pathway is:

1. Raise the issue directly with the other side (employee or employer).
2. Attempt MBIE mediation (often required in practice, and often the fastest resolution path).
3. File in the ERA if it does not resolve, or if the matter requires the ERA to decide it.

Filing in the ERA - what you actually submit

Your application (Statement of Problem) should be written in plain language and set out:

• Who the respondent is: correct legal name and physical address (company details matter).
• What the problem is: a clear summary of the claim(s).
• The facts: what happened, with dates and key events.
• What you want: the remedies or outcome you seek.
• What steps you took already: attempts to resolve, including mediation.
• Your supporting documents: employment agreement, payslips, emails/texts, meeting notes, letters.

The more structured and evidence-based the Statement of Problem is, the better the case will run later. Poorly drafted applications cause delay, confusion, and unnecessary concessions at the investigation meeting.

What happens after you file

The investigation meeting - what to expect

The investigation meeting is where each party presents their case to the Authority Member. It is less formal than a court hearing, but it is still a serious evidential process.

• Attendance matters: parties and witnesses are generally expected to attend. If an applicant fails to attend, the ERA may proceed without them or dismiss the matter.
• Evidence is tested: the Member will question the parties about their statements and documents. Witnesses can be questioned and (where representatives exist) cross-examined.
• Sworn evidence: parties and witnesses are commonly asked to swear/affirm that their evidence is true.
• Public process: investigation meetings can be attended by the public and media unless a non-publication order applies.
• Written submissions: sometimes the Member will invite post-meeting written submissions on law and remedy.

Determinations - remedies, costs, enforcement, and challenges

The ERA issues a legally binding determination. Depending on the case, the ERA can award a range of remedies and orders.

• Remedies: reinstatement, lost wages, compensation, interest, reimbursement of filing fees.
• Compliance and penalties: including compliance orders and penalties in appropriate cases.
• Costs: the ERA can order a contribution to costs (this is not the same as full legal fee recovery).
• Enforcement: if the other party does not comply, there are enforcement options including certificates for District Court enforcement and compliance applications.
• Challenge to the Employment Court: determinations can be challenged in the Employment Court within strict time limits (including de novo challenges in appropriate cases).

Fees and the real-world costs risk

Filing in the ERA has set fees (including a lodgement fee and investigation meeting fees). Separately, costs awards (contributions to costs) are discretionary and are often much lower than what a party actually spent on representation.

This costs reality matters for employers and employees: it affects settlement strategy, Calderbank offers, and whether "digging in" is commercially sensible even if you believe you will win.

If you want help, the fastest way is to submit the case form with a short timeline and key documents. We will review the situation and advise next steps.
Employee Unfair Dismissal Case Form