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Progressing a claim in the Employment Relations Authority
Managing the progress of an Authority claim
Once a statement of problem and any statement in reply have been filed, the Employment Relations Authority manages how the claim will progress. The Authority has a flexible, investigative role and will decide what procedural steps are required to move the matter toward resolution.
This page explains what happens after the pleadings are complete, including the role of Authority Members, the use of case management conferences, and how the Authority may direct mediation or provide practical assistance to the parties.
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 While it remains useful for understanding general legal concepts and processes, some information may now be out of date.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.
Referral to an Authority Member
If the respondent does not file a statement in reply within time then the employment relationship problem is referred to an ‘Authority Member’ for a decision about whether a case management conference, mediation or investigation meeting should be allocated.
‘Authority Members’ are the people who determine employment relationship problems in the Employment Relations Authority. So they are in the same kind of role as a judge.
Case management conference
Case management conferences convened by the Employment Relations Authority may be conducted by phone. They are often brief, informal and limited to matters of a procedural nature. Issues may be clarified, witnesses identified and a timetable established for an investigation meeting and steps to be taken in the lead up to that meeting.
Translators and other assistance
If you think the conference might present a difficulty due to some disability, or if you think you would need a translator, then you should contact the support officer assigned to your case to see what can be done to assist you. You might have received the name of the support officer in a notice of a case management conference or other correspondence from the Employment Relations Authority about your case. If you do not know the name or contact details of your support officer then, as a starting point, you should make contact with the Employment Relations Authority.
Mediation
Another mediation may be unlikely where the parties have already tried to resolve their employment relationship problem in that way before escalating it to the Employment Relations Authority. However, the Authority will at least consider whether another mediation might be worthwhile before an investigation meeting is convened. There may have been some development since an earlier mediation that might cause the Authority to ask the parties to give it another go. See those pages dealing with employment mediations and mediations in general 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.