How long will it take for my employment dispute to be resolved?
When you are dealing with a problem at work, you want to know when it will be over. You may be worried about money, struggling with stress, or unsure whether you can keep working for your employer. Some of the most common questions we hear from clients is when will this be finished, when will I hear from my advocate, and when will I receive my money?
The honest answer is that employment disputes do not have a fixed timeline. Some can be settled through a few conversations. Others take months, and a dispute that goes through the Employment Relations Authority (ERA) and Employment Court can take a year or longer.
These are broad possibilities, not promised timeframes. How long your dispute takes depends on what happened, what you want to achieve, and how both sides respond.
Even when two disputes look similar, they can move at very different speeds. One employer might respond promptly and be willing to reach an agreement. Another might deny the problem, take time to gather information, or refuse an offer. Timing can also depend on:
How much evidence needs to be collected,
Whether the facts are disputed,
How many people are involved,
The availability of representatives, witnesses and decision-makers,
Waiting times for mediation or formal proceedings (which can be lengthy), and
Whether new issues arise while discussions continue.
A strong case does not automatically mean a quick settlement. Your advocate can explain the likely next steps and update their estimate as the employer responds. They cannot guarantee when the other side will agree or when a formal decision will be made.
What stages will my employment dispute go through?
There are number of stages your dispute may go through before it is resolved. It may be resolved at any one of these stages and it is much rarer for cases to go all the way to the ERA or Employment Court.
Stage one: Negotiation
Negotiation usually involves explaining the concerns, hearing the employer’s response, and discussing possible solutions. You can do this yourself or have an employment advocate represent you.
Where both sides engage and the issues are clear, agreement may be reached relatively quickly. Other cases involve several rounds of letters, information requests and offers. For example, an employer might agree to correct an underpayment but disagree about a warning. Resolving one issue does not always resolve the whole dispute.
Once agreed, negotiated terms can be recorded in a settlement signed by an authorised mediator to make them legally binding.
Having an advocate represent you at this stage can help to ensure the negotiation process is not drawn out and to manage any tactics by the employer to slow things down.
Stage two: Mediation
If negotiations do not resolve the problem, mediation may help. Employment New Zealand provides a free mediation service. A mediator helps both sides discuss the dispute and explore agreement. They do not normally decide who is right or impose an outcome.
The mediation meeting is only one part of the timeline. You also need time to arrange a date, prepare documents, and consider settlement options.
Some disputes settle on the day. Others need further discussions afterwards, another meeting, or a formal decision through the ERA.
If settlement is reached, clear terms and mediator sign-off matter. Check the payment date and any other deadlines before signing. An advocate can help you with this process to ensure that you are happy with what is agreed in the settlement and that all aspects are included before you sign.
It is important to note that there are often substantial wait times for scheduling a mediation through Employment NZ, on top of just finding a date which suits each party. It is important to be patient during the scheduling process and understand that not much might happen with your case while you wait for the mediation date to arrive.
Stage three: The Employment Relations Authority
If an agreement can not be reached at mediation, or either party refuses to participate, the case may then be filed with the Employment Relations Authority (ERA). The ERA can investigate an unresolved dispute and issue a binding decision, called a determination.
This involves more than lodging an application and waiting for an answer. The employer has an opportunity to respond. There may be directions about documents, witness evidence, mediation, and an investigation meeting. Preparing the case and securing a meeting date can take time. Complex facts, additional evidence or preliminary legal issues can extend the process.
It is sensible to prepare for a process measured in months rather than days. Some cases take longer. Your advocate can help you understand the steps and any timing information available for your case. Settlement remains possible while ERA proceedings are underway.
Stage four: The Employment Court
While rare, an ERA determination may be challenged in the Employment Court. A challenge generally needs to be filed within 28 days of the written determination. Court proceedings can add substantial time. Documents, evidence and legal arguments need to be prepared, a hearing arranged, and a judgment delivered. A case reaching this stage can take a year or longer overall. That is a possibility to plan for, not a prediction for every dispute. Both sides can still explore settlement.
Claim deadlines versus resolution time
Most personal grievances must be raised with your employer within 90 days of the relevant action happening or coming to your attention, whichever is later. Sexual harassment grievances generally have a 12-month timeframe. These are deadlines for raising your grievance, not promises that it will be resolved within that time. An advocate can help ensure that you are aware of all deadlines and have everything submitted and filed when required.
What happens while I wait?
Waiting can be exhausting. You deserve clear advice about what happens next, what could cause delays, and what each option may involve. Often, once a dispute enters the mediation or ERA stage, it can feel like everything stops. It is important to remain patient during this period and trust that your representative is on top of key dates and requirements and will contact you with any updates or actions required.
Our clients often find this waiting time the most difficult part of their dispute. It is a good idea to have a conversation with your advocate about expected communication during these waiting periods so that frustrations do not arise. We have some tips on our website to help manage stress during your employment dispute process.
Why Mathews Walker?
At Mathews Walker we are very proud of our more than 500 five star reviews based on client experiences with our advocates. Our client comments include:
“Holly did an excellent job of guiding me through the process, advising me every step of the way, whilst staying focused on the original objectives.”
“Kim fought passionately, explained each step clearly, and never gave up - and the result was a complete success.’
“I never felt like I was navigating things alone, and having someone in my corner who genuinely understood the situation made such a huge difference.’
“Thanks to Simon’s brilliant negotiation skills, the matter was resolved much faster and with a far better outcome than I ever expected."
Mathews Walker’s employment advocates can help you assess your situation and work towards a practical resolution. Contact us to discuss your concerns and whether our no-win, no-fee service is suitable for your case. Get in touch today!
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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