Please note: Articles on this website were originally published by CourtKeys.com in 2015 and may now be out of date. Revised and updated content is included in Civil Litigation for Non-Lawyers [available here]. Disclaimer
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.
Note: This content was originally published by CourtKeys.com in 2015. Disclaimer