Filing An Employment Dispute

May 31, 2022

Advice To Clients

Employers, employees and unions can apply to the Authority for help with employment problems they have been unable to resolve an employment dispute directly or through mediation.

To lodge an application, you need to include certain information and pay the fee. You can apply online, by post or in person, together with the required fee of $71.56.

What Gets Filed?

Either you or your employer can begin the process of going to the Employment Relations Authority. You need to fill out a simple form called a “Statement of problem”, explaining in plain language what the problem is and how you’d like it resolved.

The Employment Relations Authority is based in Auckland, Wellington and Christchurch, but its members can travel to the place where the problem has arisen.

Where does it get filed?

Our determinations are a matter of public record and are published online once they are made. In some special circumstances, we can issue a non-publication order to protect personal or sensitive commercial information from being made publicly available. Requests for a non-publication order need to be in writing. Ensure you include your reasons for seeking the order.

How? Any Further Steps For Replies?

Once we have received your application documents and lodgement fee, one of the Authority Officers will send you a written acknowledgement. The Authority Officer will be your point of contact throughout the process. They cannot provide legal advice or decide if you have a case worth taking further.

Who Else Does It Need To Be Served On?

The Authority will send a copy of the application to the respondent at the address you gave in your application. Once they have received the documents, the respondent will then have 14 days to submit their statement in reply.

employer meeting with employee discussing employment law
service

Employment Law

We advise on employer obligations, provide guidelines on hiring staff, assist with employee performance issues, restructures, personal grievances and disputes. We help organisations meet their health and safety obligations.

Learn more

about the author

Tesa Va’afusuaga

SOLICITOR

Tesa has appeared in the Waitangi Tribunal and District Court, and prior to practising as a solicitor, was an assistant registrar in the Waitangi Tribunal and executive assistant to Chief Judge Isaac in the Māori Land Court.

Articles

What Can Be Done About Defamation?

What Can Be Done About Defamation?

What can be done if, during the course of litigation, false allegations or untrue statements about your character are made?

Book a meeting

Subscribe To Our Email List

Get the latest news, updates & legal advice with tips and insights that can help you find solutions to your legal issues.

Thank you for joining our subscription list.