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Attending an Employment Relations Authority investigation meeting
Important note on currency
This section was originally published on CourtKeys in 2015 as part of a public legal education project. While it remains useful for understanding general legal concepts and processes, some information may now be out of date. Updated and revised material is included in Civil Litigation for Non-Lawyers. This article is provided for general information only and does not constitute legal advice.
What to expect at an investigation meeting
You can see those parts of this website dealing with trials for a general idea of what you might expect at an investigation meeting, and how you might conduct yourself. Note, however, that investigation meetings are not as formal as Court hearings. Broadly, you would expect:
1. At the beginning of the investigation meeting the Authority Member would make introductions, explain how the meeting would proceed, who will get to speak and when.
2. The Authority Member may go on to ask questions of parties and witnesses after the initial introductions have been made and explanations given. Witnesses may end up being asked to read statements they have made and then get cross-examined. See those pages dealing with examination of witnesses for information about ‘evidence in chief’, ‘cross-examination’ and ‘re-examination’.
3. The parties (or their representatives) each have an opportunity to sum up the evidence and their arguments for the legal consequences that follow by way of submissions. See the page dealing with submissions for more about that.
The possibility of mediation (or further mediation) may arise during the investigation meeting. The parties might also request a recommendation from the Authority Member while the investigation meeting is underway. See the parts of this website dealing with mediation and recommendations for more.
You can bring supporters with you to an investigation meeting such as friends and family.
Sometimes it might be appropriate to adjourn the investigation meeting so that more evidence can be obtained for the Authority Member. That is something that should be raised and discussed in the investigation meeting if the need arises.
A decision may be made against a party who does not show up to the investigation meeting. If there is some emergency, or other good reason why you cannot make it to the investigation meeting, then you should contact the Employment Relations Authority as soon as possible to see if you can have the meeting adjourned to a different time.
Disclaimer
All legal information published on this website is general information about New Zealand law only. It is not legal advice or a substitute for legal advice. It does not address specific circumstances of any particular individual or entity. It may not reflect current law, practice or legal requirements. No warranty, guarantee or undertaking is made about the accuracy or completeness of the information, or about results that may be obtained from the information. No responsibility or liability is assumed or accepted for any actions taken or not taken based on use of the information, or for any direct or indirect losses or damage of any kind arising from use of the information. Specific legal advice should be obtained from a lawyer about any circumstances.