Witnesses

If you are a witness in a matter before the Employment Relations Authority, you must

• write a witness statement
• attend the investigation meeting in person to answer questions.

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

Non-publication orders — Determinations

Prepare your witness statement

A witness statement is a record of what you want to say to the Authority about the case. 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 know, not things you overheard or are guessing about.

Use the full names and job titles of the people you mention. For example, instead of saying “my manager,” write “Mrs X, the Account Manager.”

Formatting your statement

It is helpful 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 been asked to.

Attend the investigation meeting

Everyone who provides a witness statement must 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 ask 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 you are going to give is the truth
• answer questions about your witness statement from 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 more 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. If you ignore a summons to be a witness, there can be significant consequences.