Please note: Articles on this website were originally published by CourtKeys.com in 2015 and may now be out of date.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
On this page:
- Preparing for an investigation meeting
- Meeting fees
- Witness evidence
- Documentary evidence
- Synopsis of argument
Steps to be taken before an investigation meeting may be discussed and established at a case management conference. Generally, however, you need to sort out your evidence and points that you want to make about that evidence well before the day of the meeting.
Investigation meetings often take the best part of a day. If the meeting goes for longer than one day, however, the applicant is required to pay meeting fees of $153.33 for each half day that follows the first (free) day.
Your own first-hand account of things that are relevant to the employment relationship problem is usually called for, and a written statement of those is often required. The need for ‘witness statements’, or written accounts of witness evidence, may be discussed at a case management conference before the investigation meeting.
It may be that other people would have helpful evidence to give. In that case you should at least raise that with them and figure out what they might say if called as witnesses. Witness statements may be required of these people. It is important to note that people who give witness statements need to be available to questioning at the investigation meeting.
If they cannot be physically present at the meeting then the Authority Member may decide to hear their evidence by phone or video link. You should raise the prospect of witnesses giving evidence by phone or video link with the Employment Relations Authority well ahead of the investigation meeting to ensure the necessary arrangements can be made. You would not want to be disadvantaged by unavailability of an important witness at the investigation meeting.
See the pages on briefs of evidence for some idea of how you might go about writing a witness statement.
You should already have submitted documents as evidence in support of your argument to the Employment Relations Authority together with your statement of problem. However, if there are some other documents that you have not already submitted, and that you consider are relevant, then you might consider submitting them in a bundle of documents before the investigation meeting. See those parts of this website on bundles of documents for more about these.
Synopsis of argument
A ‘synopsis of argument’ or ‘synopsis of submissions’ is a summary of the points that you want to make in your case. It explains the facts and law that support your position on the issues for the investigation meeting. These can help you to order your thoughts and ensure you make all the points you want to make. It is worth having a document like a synopsis of argument with you at the investigation meeting so that you can speak to it, even if you are not required to file it in the Employment Relations Authority beforehand. See pages dealing with synopses of submissions for more.
Note: This content was originally published by CourtKeys.com in 2015. Disclaimer