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Employment Relations Authority

Resolving employment disputes in New Zealand

This section provides general information about how employment disputes are resolved in New Zealand, with a particular focus on the Employment Relations Authority (the Authority).

Employment law disputes are dealt with through a specialist framework that differs from ordinary civil litigation. Depending on the circumstances, a matter may involve mediation, investigation by the Authority, or proceedings in the Employment Court.

The employment dispute resolution framework

New Zealand employment law is administered through three principal forums:

  • Employment mediation, operated by the Ministry of Business, Innovation and Employment (MBIE)
  • The Employment Relations Authority, which investigates and determines employment disputes
  • The Employment Court, which hears challenges to Authority determinations and other employment matters

This section focuses on mediation and the Employment Relations Authority. It does not cover the Employment Court.

The appropriate starting point for an employment dispute depends on the particular facts of the case. Matters do not necessarily progress through these forums in a fixed order.

Nature of the Employment Relations Authority

The Employment Relations Authority is not a court, but it has powers to investigate employment disputes and make binding determinations.

Authority processes are generally more informal than court proceedings and are designed to focus on the substance of a dispute rather than strict procedural formality. The Authority takes an active role in investigating matters and may direct the process as it considers appropriate.

Important note on currency

Many of the articles in this section were originally published as part of the CourtKeys public legal education project in 2015. While the material remains useful for understanding general structure and process, some information may now be out of date. Updated and revised material is included in Civil Litigation for Non-Lawyers.

Topics covered

The articles in this section address key aspects of employment dispute resolution, including:

Select a topic to view further information about that stage of the employment dispute process.

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.