What the Employment Relations Authority does
The Authority is the decision-maker of first resort for employment problems under the Employment Relations Act 2000 - personal grievances (unjustified dismissal and disadvantage, discrimination, harassment), wage and holiday-pay arrears, breaches of employment agreements, and penalties. Its method is investigative — an Authority member actively questions the parties and witnesses at an investigation meeting rather than umpiring adversarial argument. Mediation comes first in almost every case - free government mediation resolves the majority of disputes, and the Authority routinely directs parties there before investigating. Remedies are broad - reimbursement of lost wages, compensation for humiliation, loss of dignity and injury to feelings, penalties, and reinstatement. Determinations can be challenged in the Employment Court within 28 days — afresh or on specific issues — and costs generally follow the event in a measured way.
What it hears
- Personal grievances — unjustified dismissal, unjustified disadvantage, discrimination, sexual and racial harassment, whistleblower retaliation
- Wage, holiday-pay and minimum-entitlement arrears
- Breach of employment agreement claims — both directions
- Penalty claims for breaches of employment standards
- Compliance orders and reinstatement
Before your first court date
The prerequisites are the case. The grievance must have been raised with the employer within 90 days (12 months for sexual harassment) — that letter or email is exhibit one. Mediation almost always precedes the Authority - go prepared to settle sensibly, because most cases end there and the well-prepared party settles on better numbers. For the Authority itself, file the statement of problem (or in response, the statement in reply) and assemble the record - the employment agreement, the dismissal or disciplinary correspondence, pay records, your timeline, and a calculation of what you claim - lost wages to date, the humiliation-compensation band you contend for, arrears with arithmetic shown.
What happens at your first appearance
The investigation meeting is the hearing — around a table, recorded, with the Authority member asking most of the questions. Witnesses attend and are questioned; representatives (lawyers or advocates) may appear, and often do, though self-represented parties are common and the investigative format is designed to cope. Expect directness - members test both stories against the documents. Determinations follow in writing, typically within weeks. The 28-day clock to challenge in the Employment Court starts on the determination's date — diarise it the day the decision arrives.
What to prepare
- The grievance-raising email or letter, with its date — the jurisdictional cornerstone
- The employment agreement and any policies relied on
- The full correspondence around the dismissal, discipline or dispute, in date order
- Pay records and your arithmetic — lost wages, arrears, the remedy figures you seek
- Your witnesses, briefed to answer questions rather than deliver speeches
- The mediation record where it bears on costs
When to get legal advice
This page is general legal information, not legal advice. Employees do appear alone and succeed — the investigative format helps — but employers usually arrive represented, remedies bands are negotiable art as much as arithmetic, and settlement judgement at mediation is where most value is won or lost. Advice before mediation is the highest-leverage hour in the whole process. Legal Hotline's free line explains grievances, deadlines and realistic remedies any hour on 0800 461 100 — and a one-hour consultation with an experienced New Zealand employment lawyer (NZ$295, GST inclusive) can be booked right on the call.
Where it is
The Authority sits in Auckland, Wellington and Christchurch, serving the whole country, with investigation meetings held at its offices, at regional venues, and remotely. Your notice of investigation names the venue and member.
Frequently asked questions
Do I need to go to mediation before the Authority?
Almost always in practice — free government mediation is the system's front door, the Authority routinely directs unresolved cases there, and the majority of employment disputes settle at it. Treat mediation as the main event with the Authority as the backstop, and prepare accordingly.
How is an investigation meeting different from a court hearing?
The Authority member runs it — asking the questions, testing both sides against the documents — rather than sitting back while advocates duel. It is faster and less formal than court, happens around a table, and rewards clear records over rhetoric.
What can I actually win?
Reimbursement of lost wages (less what you earned or should have earned meanwhile), compensation for humiliation and injury to feelings — commonly five figures in serious cases under current Authority practice — penalties in some matters, and reinstatement where practical. Your facts set the bands; your preparation sets where in the band you land.
I disagree with the determination. What now?
A challenge to the Employment Court within 28 days — either a full fresh hearing (de novo) or on specific issues. The deadline is strict, costs exposure rises in the Court, and the decision to challenge deserves advice within days of the determination, not at the deadline.