The Employment Relations Authority helps to resolve employment relationship problems. There are steps you should take before you lodge an application with us.
First, the employer and employee should try to resolve the problem together. You can get some guidance on how to do this on the Employment New Zealand website.
Resolving issues yourselves — Employment New Zealand(external link)
If you cannot resolve the problem yourselves, you can apply for early resolution help. It’s a free, informal and impartial phone-based service run by Employment New Zealand. They will help you try to resolve the issue before it becomes serious or needs a formal process.
Early resolution — Employment New Zealand(external link)
If steps 1 and 2 don’t work for you, you should next go to mediation. This is where a mediator, who is neutral, sits down with the parties and tries to help them resolve the issue. Employment New Zealand has a free mediation service.
Mediation is an important part of problem resolution. We expect cases to go to mediation — in fact, we are required by law to give priority to cases that have already been to mediation. That means your case will be heard faster.
If you don’t try to resolve the problem with mediation, we will likely send you back to this step.
Mediation — Employment New Zealand(external link)
If mediation does not resolve the problem, you can apply to us for further help.
Find out more about who can apply:
Before you apply, you should consider whether you want to use a representative. You can be represented by any person or organisation you choose. You can also choose to represent yourself.
A representative may help by:
You can choose to be represented by:
Whoever you choose, you must be able to show that you've authorised them to represent you — we recommend a written agreement.
You do not need to have a representative if you want to represent yourself.
The Authority Member has an investigative role, which means they are usually the person who is asking most of the questions.
You will need to answer questions about your claims and evidence at
The Authority Member will make sure you are not disadvantaged if you choose not to have a representative.
You will need to get your own legal advice. The Authority Officer can help you through the Authority process, but they cannot:
For example, they can tell you how to lodge a Statement of Problem with us, but they cannot tell you about what claims you should make.
You cannot have any private communications with an Authority Member. Any information you give to the Authority is shared with the other parties and may also be given to witnesses. You will only be able to speak to an Authority Member when both sides are there, for example, during the case management conference and investigation meeting.
Employment New Zealand can provide you with general guidance based on Employment legislation.
Employment New Zealand(external link)
if you see or suspect a breach of employment standards, you can report it via the Employment New Zealand online reporting form. Breaches of employment standards can include:
The Labour Inspectorate is separate from the Employment Relations Authority.
Labour Inspectorate complaints — Employment New Zealand(external link)
If paying for a lawyer is difficult, you may be able to get free legal help from a Community Law Centre or the Citizens Advice Bureau.
Citizens Advice Bureau(external link)
Please tell us as soon as possible so we can help you.
If someone is representing you, we can provide an interpreter only when you are required to give evidence during an investigation meeting. You may wish to have an interpreter present for you at your own cost.
If you are representing yourself, we can provide you with an interpreter for the case management conference and the investigation meeting. This is free.