Getting the issues straight

Before any formal investigation meeting, the Authority will need to sort through the issues. The Authority may:

• ask either party to clarify any points made in their statements
• call for more evidence from the parties or anyone else
• hold a case management conference.

Case management conference

The case management conference is usually done by phone and is brief and informal.  It involves both parties, or their representatives, and the Authority member.

The purpose of the case management conference is to:

• ensure the issues to be investigated are clear
• consider whether other methods of resolving the problem would be helpful, such as mediation, going directly to the employment court, making a recommendation, or dismissing the matter.
• set a timetable for other steps that need to be taken before the investigation meeting. For example, supplying further documents, making submissions, exchanging witness statements
• provide details of people to give evidence
• outline the procedure for the investigation meeting
• agree a date, place and time for the investigation meeting.

Translators are available and assistance for people with disabilities can be provided.  Please discuss your needs with your support officer well ahead of the conference date.

Sorting problems through mediation

Trying mediation before making an application to the Authority means that your case will be heard more quickly.

The Authority may, at any time, refer the parties to mediation. If you have already been to mediation, you cannot talk about the content or the outcome of the mediation with the Authority member.

However, if the Authority member considers that mediation will still be helpful in resolving the problem they may direct the parties to try mediation again.

The Department of Labour offers a free mediation service.