Information for witnesses

If you have been asked to be a witness for one of the parties involved in a matter before the Employment Relations Authority, you may need to provide a witness statement and attend the investigation meeting in person to answer any questions about it.

As a witness, you may be named in the written determination which will be publicly available on our Employment database (unless it is subject to a non-publication order).

Determinations

1. Preparing your witness statement

A witness statement is a record of what you want to say to the Authority about the case.

Your witness statement is for your evidence. Each witness gives their own written statement in their own words.

What to put in your witness statement

Your statement explains your own view of events. You should include:

  • what happened
  • what you saw, heard, said or did – focus on information that you personally know, not things you overheard or are guessing about.

Use the names and positions of people you are referring to – for example, instead of saying "my manager", you should say "Mrs X, the Account Manager".

Formatting your statement

It would be helpful to the Authority if your statement:

  • is typed and single sided
  • has page numbers and a number for the start of each paragraph
  • uses headings for each claim or topic you are addressing.

You do not need to get your statement sworn or affirmed unless you have specifically been asked to.

2. Attending the investigation meeting

Everyone who provides a witness statement is expected to go to the investigation meeting in person.

If you cannot be there in person, you will need to contact the Authority Officer as soon as possible to apply for permission to be excused from appearing in person. The Authority Member may decide:

  • you can provide your evidence by phone or video link
  • you can provide a sworn or affirmed witness statement or affidavit instead of attending the meeting.

Presenting your statement

At the investigation meeting, you will:

  • be given the opportunity to correct or amend any errors in your statement
  • usually be asked to swear or affirm that the evidence they are going to give is the truth
  • be asked questions about your witness statement by the Authority member – this ensures that all the facts are clear

If the parties:

  • have representatives, they will be allowed to cross-examine you
  • do not have representatives, they will be allowed to ask you additional questions as long as the questions are relevant and have not already been asked.

Witness summons

Sometimes the Authority may issue a witness summons, either at its own motion or at the request of one of the parties. There are potentially significant consequences if you ignore a summons to be a witness.