After the Authority determination
If you are unhappy with the Employment Relations Authority determination about your case, you can ask the Employment Court to consider your case.
If one party fails to comply or you believe there is a strong likelihood of a party not complying with the determination of the Employment Relations Authority, the other party may:
- ask for a Certificate of Determination from the Authority and file an application in the District Court for enforcement, or
- apply for a Compliance Order from the Authority.
Going to the Employment Court
When you apply to the Court, you must say whether you want the Court to hear the whole matter again or to consider only specific parts of the Authority’s determination. A full hearing of the entire matter is called a ‘de novo hearing.’
You must apply to the Employment Court within 28 days of the date of the Authority’s determination.
Filing a challenge to an Authority determination does not operate as a stay of proceedings on the determination of the Authority unless the court or Authority issues a stay.
Judgments of the Employment Court resulting from challenges to Authority determinations can be appealed in certain defined circumstances by either or both parties to the Court of Appeal and, ultimately, the Supreme Court.
More information is available from the Employment Court website or community law offices.
Copies of Authority determinations
Determinations made by the Authority are public documents and are available on the Ministry of Business, Innovation and Employment’s website – employment law database or you can phone the Ministry on 0800 20 90 20 during normal business hours to request a copy.