Lodge your application

To lodge an application, you need to fill out an application form and pay the fee. You can apply online, by post or in person.

The fee cannot be waived or refunded, even if you are referred to mediation. If you have not been to mediation, you should consider applying to mediation first before lodging your application.

We will acknowledge your application and send a copy to the named respondent. Once they have received the documents, they will have 14 days to submit their statement in reply.

1. Before you apply

There are steps you should take before you bring a case to us:

• try to resolve the problem yourselves
• consider using early resolution (a free phone-based service) to get some help
• consider mediation to resolve the issue
• check you can apply.

Before you apply

Who can apply

ERA — A guide to using our services [PDF, 524 KB]

2. Complete the application form

On the application form you will need to:

• say who you are having the problem with (‘the respondent’)
• explain in plain language what the problem is, this is referred to as a Statement of Problem
• state the facts that gave rise to the problem
• say how you would like the problem resolved
• explain the steps that you have taken to try and resolve the problem, either directly with the respondent, or through mediation
• provide contact details, including the address of the parties.

Application form

Application to Authority [DOCX, 172 KB]

If your problem is urgent

To apply to have your problem considered urgently, you must:

• explain in your Statement of Problem why the matter is urgent
• provide supporting documents to show why the matter is urgent.

We recommend you apply and pay online — this is the fastest and most efficient way of lodging your claim.

If you do not have the respondent's correct name or address

You need to include the correct name and physical address of the respondent on your application form.

We will serve a copy of your application on the respondent at the address you provide. If the documents are returned to us undelivered, we might need you to personally serve them on the respondent.

You may be able to find a company's registered address for service on the New Zealand Companies Office website.

Companies register — Companies Office(external link)

If you do not have access to the Companies Office website, contact us and we can search it for you.

Contact us

If you want to include a third party in your application

If you work in a "triangular employment" situation, you may want to include a third party as a respondent.

Triangular employment is when one company employs you, but you work on a day-to-day basis for someone else. For example, you may be employed by a labour hire company, or a recruitment agency, and hired out to work for a third party. This is called triangular employment because there are 3 parties in the working arrangement: 

• the employee
• the employer
• the third party — also called the "controlling third party". 

You can apply to include the controlling third party as a respondent if you think they have caused or contributed to your problem. You'll need to fill in a separate form if you want to include them in your application.

Application for joining controlling third party to personal grievance [DOCX, 174 KB]

3. Gather your supporting documents

You will need to include with your application:

• your employment agreement (if you have one)
• payslips from your employer (if you have these)
• any correspondence (for example, letters and emails) between you and the respondent
• notes from any meetings you have had about the problem.

Interim reinstatement

If your employer dismissed you and you want to return to work (be reinstated) while we investigate your grievance, you must include the following with your application:

• an "undertaking in relation to application for interim reinstatement" form
• an affidavit in support of interim reinstatement. An affidavit is a written statement voluntarily made under an oath or affirmation.

Interim reinstatement may also be available in other situations, for example if you want to challenge your suspension from employment.

Undertaking in relation to application for interim reinstatement [DOCX, 169 KB]

Interim injunction

In some cases, we can issue an interim injunction. This is an order stopping or requiring particular action until the Authority has investigated the whole matter.

An application for an interim injunction should also identify the final outcome you seek.

You must include the following with your application:

• an "undertaking as to damages". This means if you are unsuccessful, the other party can ask you to pay for any damages (or losses) they suffered because of the interim order
• an affidavit setting out your evidence in support of the application. 

The affidavit should address the legal questions that the Authority must consider before deciding whether or not to issue an interim injunction.

The Authority will consider:

• whether there is a seriously arguable case
• where the balance of convenience lies for the parties and any affected third parties until the Authority determines the case and
• what is the overall justice of the matter until then.

4. Lodge your application and pay the fee

Apply online

To apply online, you will need:

• a RealMe® Login
• a valid Visa or MasterCard or a bank account with ANZ, ASB, BNZ, Kiwibank, TSB or Westpac to pay the fee online
• an electronic copy of your application form
• clear scanned copies of your supporting documents (in colour if possible).

Apply online now(external link)

You can track progress of your application online.

Apply by post or in person

• Contact your nearest Authority office to find out how you can pay the lodgement fee.
• Post or take in completed copies of your application form, supporting documents and proof of payment.

Contact us

Pay the lodgement fee

The lodgement fee must be paid before your application will be accepted.

Fees

5. Acknowledgement of application

Once we receive your application and lodgement fee, an Authority Officer will send you a written acknowledgement.

The Authority Officer will be your point of contact throughout the process. They cannot provide legal advice or decide if you have a case worth taking further.

If you need guidance with next steps

If you have a representative, they will be able to guide you through the process.

If you do not have a representative, you can still get one. Go to the 'Before you apply' page to find out more about this.

Before you apply

6. A copy of the application gets served on the respondent

We will send a copy of the application to the respondent at the address you gave in your application. Once they have received the documents, the respondent has 14 days to submit their Statement in reply.