An Employee’s Guide to the Employment Relations Authority (ERA)

Navigating employment disputes can be stressful. The legislation, the forms, the red tape.  It’s easy to feel out of your depth. As an employee in New Zealand, if you have a workplace issue that you can’t resolve informally, the Employment Relations Authority (ERA) may be your next step. An employment advocate can be a powerful ally in that journey. This post explains what the ERA is, how its procedure works, and how an employment advocate can help you get the best possible outcome.

What is the Employment Relations Authority (ERA)?

The ERA is a statutory body established under the Employment Relations Act 2000. Its role is to help resolve employment relationship problems. 

Key features of the Authority:

• It investigates employment relationship problems and makes binding decisions, or determinations, based on the substantial merits of the case, rather than relying on legal technicalities.

• The ERA expects all parties to act in good faith, which is a core principle under the Employment Relations Act.

• Its processes are more informal than a court. There is more flexibility, with simpler rules, fewer procedural hurdles, and less formality.

When and how do you go to the ERA?

Here’s a simplified breakdown of the procedural path from problem to resolution, to help you see what to expect.

Step 1: Identify the issue such as unjustified dismissal, a personal grievance for harassment or discrimination, non‑payment of wages, breach of contract, etc.

Step 2: Attempt to resolve it informally if possible  through discussion with the employer or a personal grievance. Mediation is often available and sometimes required.

Step 3: Lodge a Statement of Problem with the ERA. This is a relatively simple form where you set out what you say happened, what remedy(s) you want.

Step 4: Your employer (respondent) replies with a Statement in Reply, giving their side of the story and any defences.

Step 5: Investigation by the ERA. The Authority may hold meetings, gather evidence, hold interviews, or direct mediation and examines the facts.  

Step 6: Determination. After completing their investigation, the ERA issues a decision. It could order remedies like compensation, reinstatement, reimbursement of wages, or compliance orders.

If you disagree with the ERA’s decision, there is an appeal route via the Employment Court. You must apply within a set time frame. 

How can an Employment Advocate Can Help You At The ERA?

An employment advocate can help you from start to finish through a dispute in the ERA.

Early advice and risk assessment

An advocate can assess whether you have a strong case.  They will consider if your issue fits under a personal grievance, unjust dismissal or breach of contract.  They can help you understand legal thresholds (for example what counts as a dismissal, what is reasonable, etc.) and to identify whether mediation or another alternative might resolve things more quickly.

Preparing your case

An advocate can help you gather the relevant documents (employment agreements, correspondence, pay records, policy documents), assist you to write a Statement of Problem which is clear, focused, states what remedies you want, and what facts you are relying on.  They can also help you to collect witness statements, if needed.

Guiding you through the process

An advocate will explain what to expect in investigation, meetings with ERA members, or case management steps.  They will help you with deadlines, lodging forms and replying to requests from ERA as well as ensuring you follow process and procedure, including rules of natural justice.

Representation

Your advocate can represent you in meetings with the ERA including presenting your argument, cross‑examining witnesses (or questioning) and making submissions.  They can negotiate on your behalf with your employer, possibly in mediation, or otherwise to settle before the full investigation or hearing.

Strategy and advocacy during investigation and hearing

An advocate can help craft legal arguments, pointing out relevant law or precedents.  They will ensure that you are effectively heard, making sure evidence is presented, adverse facts are addressed, and that legal obligations of the employer (for example good faith, fairness, etc.) are properly raised.  They can also respond to objections or defences your employer raises.

Post‑decision steps

Following the hearing your advocate can interpret the ERA’s determination and what it means (remedies, whether reinstatement is ordered, how compensation is calculated).  They will consider whether there are grounds for appeal to the Employment Court and assisting with that if necessary.  They may be able to help enforce the determination ensuring the employer complies (for example, pays compensation or wages, or reinstates). Sometimes that means reminding them, or taking further legal steps if they don’t comply.

Emotional and practical support

Disputes, particularly once they reach the ERA can be stressful and having an advocate helps with keeping you informed, reducing confusion and managing your expectations.  An advocate can help you prepare for hearings so you feel confident (what to say, what to bring, how to behave) and organise logistics such as getting documents together, preparing witnesses and  arranging meetings.

Practical Tips for Working with an Employment Advocate

Here are some practical tips if you choose to work with an advocate:

• Choose someone with relevant experience: Check they have handled ERA cases before.

• Ensure good communication: Get regular updates. Know what documents you need to supply.

• Be organised: Keep a record of all communications with your employer. Save emails, texts. Make notes.

• Be honest and thorough: Tell your advocate everything, even things you think may harm your case, so they can plan accordingly.

• Meet deadlines: ERA is strict on time frames; missing them can lose your rights.

• Understand your goals: What remedy do you want? Money? Reinstatement? An apology? Sometimes settling early is better than waiting for a full hearing.

Here are a few typical employment issues, and how an employment advocate can make a practical difference.

• Unjustifiable dismissal: An advocate can help you determine whether your employer had fair reason, followed fair process, gave warnings, allowed responses etc. They helps frame the case to show the dismissal was unjustified, and argue for reinstatement or compensation.

• Personal grievance (harassment, discrimination, bullying): An advocate assists you in documenting events, gathering witness statements, showing the effect on you, and highlighting employer obligations. They then help you decide whether to pursue via mediation or directly in ERA.

• Wage issues or holiday pay: Sometimes simply showing the legal obligations plus the evidence (pay stubs, agreements, time sheets) is enough. An advocate can help pull that together, make the claim against the employer and perhaps settle before or during the ERA process.

• Breach of contract or obligations (for example employer not following agreed terms, failing policies): An advocate helps interpret the contract, identify the breach, gather proof, and push for compliance or compensation.

The ERA is your legal avenue for resolving serious employment disputes in NZ. It’s more informal than court, but the decisions are binding, and the process demands fairness. An employment advocate can help a lot: from early advice, to preparing the case, representing you, negotiating, all the way through to enforcing a determination. 

Using an advocate can save time, reduce stress, and improve the chances of a good outcome. Know your rights, understand what the process will require, and don’t try to navigate it all alone unless you have to. Good preparation, good representation, and clarity about your goals make all the difference.  If you are in a dispute with your employer, and would like an advocate to assess your case, call now for a free consultation. MathewsWalker.co.nz | 0800 612 355

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