The Employment Relations Authority: How It Works and How to Apply

The Employment Relations Authority (ERA) is the statutory tribunal that resolves employment relationship problems in New Zealand, including personal grievances, unpaid wages, and disputes over employment agreements. Mediation is the normal step before it, and the ERA investigates rather than runs a trial.

This is general information about New Zealand employment law, not legal advice. For your own situation, consult a lawyer or your local Community Law centre.

What the Employment Relations Authority does

The ERA is a tribunal established under the Employment Relations Act 2000 to help resolve employment relationship problems. It hears matters such as personal grievances (including claims of unjustified dismissal or unjustified disadvantage), unpaid wages, disputes over the terms of an employment agreement, and other employment relationship problems that mediation has not resolved.

Mediation comes first, in practice

Before a matter reaches the Authority, the Ministry of Business, Innovation and Employment (MBIE) offers a free, nationwide mediation service, and using it is the normal next step after an employer and employee cannot sort out a problem directly. Going to mediation before applying to the Authority is not an absolute legal precondition, but if the Authority receives an application that has not been through mediation, it will usually refer the parties to mediation as a first step before it will investigate.

How to lodge an application

Employers, employees, and unions can all apply to the Authority. An application needs to identify who the problem is with, set out the facts that led to it, describe what has already been done to try to resolve it (including any mediation), state what outcome the applicant is seeking, and attach any supporting documents. The current filing fee is $71.55, which is GST inclusive, non-refundable, and cannot be waived. Later steps, such as reopening an investigation or a half-day investigation meeting beyond the first day, carry their own separate fees.

Investigation meetings, not a trial

The Authority's process is deliberately less formal than a court hearing. An Authority member looks into the facts, hears evidence from the applicant, the respondent, and any witnesses at an investigation meeting, and then issues a written determination. The first day of an investigation meeting carries no charge; further half-days are charged to the applicant.

Appeals: the Employment Court

The Authority is not a court, and its determinations can be challenged. A party who disagrees with a determination must apply to the Employment Court within 28 days of the date of that determination. The challenge can be a "de novo" challenge, where the whole matter is reheard from scratch with evidence given again, or a challenge limited to specific errors of law or fact in the determination. The Employment Court is considerably more formal than the Authority, with prescribed forms, formal service of documents, and a case managed by a judge before any hearing.

Related employment topics

For what qualifies as a claim and the deadlines to raise one, see personal grievances. For the wider picture of employment law in New Zealand, see the employment law hub.

Frequently Asked Questions

What is the Employment Relations Authority?

A statutory tribunal, established under the Employment Relations Act 2000, that resolves employment relationship problems in New Zealand, including personal grievances, unpaid wages, and disputes over an employment agreement.

Do I have to go to mediation before applying to the Authority?

It is not an absolute legal requirement, but it is the normal first step. MBIE provides free mediation, and if the Authority gets an application that has not been to mediation, it will usually direct the parties there before it investigates.

Is the Employment Relations Authority a court?

No. It is an investigative tribunal, not a court. Its members look into the facts and decide a case on its merits at an investigation meeting, which is less formal than a court hearing. Determinations can be challenged in the Employment Court.

How much does it cost to apply to the Employment Relations Authority?

The current filing fee is $71.55. It is non-refundable and cannot be waived. Some later steps, such as extra investigation meeting days, carry their own separate fees.

How do I appeal an Employment Relations Authority decision?

By filing a challenge with the Employment Court within 28 days of the Authority's written determination. The challenge can seek a full rehearing of the whole matter, called a de novo challenge, or focus on specific errors of law or fact.