Resources
Preparing for an ERA investigation meeting
An investigation meeting is the main fact-finding forum used by the Employment Relations Authority to resolve employment relationship problems. Although the process is less formal than a court trial, careful preparation is still essential.
This page outlines the practical steps involved in getting ready for an investigation meeting, including organising witness evidence, documentary evidence, and the key points you want to make in support of your case.
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 While it remains useful for understanding general legal concepts and processes, some information may now be out of date.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.
Steps directed before an investigation meeting
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.
Meeting fees
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.
Witness evidence
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.
Documentary evidence
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.
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.