The Authority’s decision on a matter is called a "determination". Determinations are legally binding.
At the end of the investigation meeting, the Authority Member may make an oral determination or give an oral indication of what the determination is likely to be.
The final written determination will be issued by email or post to both parties or their representatives.
Determinations are public documents unless a non-publication order has been granted.
Public determinations and summaries of employment law cases from 2005 on are published on the Ministry of Business, Innovation and Employment’s employment law database.
In the determination, the Authority Member has the power to award a range of remedies, including:
If one party fails to comply with the determination, or you believe there is a strong likelihood they won't comply, the other party can ask their Authority Officer for:
Check the determination to see if it has a timeframe for payment. If no time period is given then a reasonable timeframe (usually 28 days) applies.
You have two options to enforce payment:
There are legal criteria that an application must meet before we can agree to reopen an investigation. You can ask the Authority Officer for more information about this.
To apply to reopen an investigation, you'll need to complete the form and pay the application fee.
Any party to a determination can challenge the determination in the Employment Court.
You must apply to the Employment Court within 28 days of the date of the Authority's determination.
You can challenge:
Filing a challenge to a determination does not operate as a stay of proceedings on the determination of the Authority unless the Employment Court or Authority issues a stay.
In certain defined circumstances, the Employment Court's judgment can be appealed through the Court of Appeal and the Supreme Court.