Who can apply

Before you bring a case to the Employment Relations Authority (ERA), find out who can apply and when.

Employers, employees and unions can apply to us for help with employment problems they have been unable to resolve themselves or through mediation.

The kinds of problems you can bring to us include:

  • personal grievances, including unjustified dismissal
  • unpaid wages
  • disputes about meeting the terms of an employment agreement
  • failure to supply an employment agreement
  • issues with parental leave or equal pay
  • disputes about union rules or membership.

Employment Relations Act: Jurisdiction — legislation.govt.nz(external link)

There are steps you should take before you lodge an application with us. Find out what you should do before you apply:

Before you apply

When you can apply

You can apply for help when you need it, but there are certain timeframes for personal grievances.

You must raise a personal grievance with your employer within 90 days from the date the personal grievance:

  • happened, or
  • first came to your attention, whichever is later.

In the case of sexual harassment, the personal grievance needs to be raised within 12 months:

  • of it happening, or
  • the date you became aware of it, whichever is later.

If you are unable to resolve the problem with your employer or through mediation, you then have 3 years from the date you raised the personal grievance with your employer to lodge the matter with us.

We cannot investigate a personal grievance claim that is lodged with us more than 3 years after it was raised with an employer.

If you believe your employer has acted in an unfair or unreasonable manner, you can also make a personal grievance claim directly with the Authority within 90 days (or 12 months for a sexual harassment grievance) without discussing it with your employer or going to mediation. We may direct you to mediation as a first step though.

Personal grievances — Employment New Zealand(external link)

If you did not raise a personal grievance with your employer within the time limit

You can ask your employer if they will let you raise the personal grievance even though you are over the time limit (90 days, or 12 months for a sexual harassment grievance).

If your employer will not let you raise the personal grievance, you can apply to the Authority for permission to raise the personal grievance out of time.

We may grant you permission if we:

  • are satisfied that the delay was due to exceptional circumstances, and
  • consider it just to give you more time to raise your grievance.

You cannot apply if the company is no longer in business

If the company is struck off the Companies Register

We cannot continue to investigate a claim against a company if the company has been struck off the Companies Register. This is because the company no longer exists in a legal sense.

If you have evidence that a company may be about to be struck off the Companies Register, let us know as soon as possible — your case may be treated as urgent.

If your employer goes into liquidation

If your employer goes into or is in liquidation, you cannot apply. You will need to write to the liquidator seeking leave to start or continue your action against the company. You can also apply to the High Court for leave.

We cannot take any action on your case until we have consent from the liquidator or leave is granted by the High Court.