The Employment Relations Authority, or the ERA, is an investigative tribunal that can determine employment-related problems. The ERA’s processes are usually less formal than a court, but its determinations are binding, as if they were made in the District Court.
The Employment Relations Authority is made up of members of the ERA who make determinations for or against parties. The members are not necessarily lawyers, but have wide-ranging employment law or employment relations knowledge.
Each investigation hearing will have one member who hears evidence from the parties, and then makes a determination.
What can the Employment Relations Authority look at:
The ERA has the power to hear disputes about the following matters:
- Disputes about the interpretation, application or operation of an employment agreement;
- Claims of breach of an employment agreement;
- Certain aspects of collective bargaining;
- Personal grievances;
- The recovery of wages or other money;
- Claims for penalties;
- Requests for compliance orders;
- Objections to demand notices issued by Labour Inspectors;
- Requests for orders for interim reinstatement; and
- In respect of employment agreements, to make certain orders available under enactments or rules of law relating to contracts.
How it all works
The first formal step in the Employment Relations Authority is usually a Case Management Conference.
At the Case Management Conference the member will:
- Ensure the issues that need to be resolved are clear;
- Provide details of people that are required to provide evidence;
- Set a time and date for the investigation meeting.
Once these preliminary matters have been resolved, the matter can proceed to the investigation meeting.
The hearing
At the investigation meeting, the member will be in charge of the hearing, and ensure that the investigation proceeds fairly. The member will make introductions and outline how the meeting will proceed. This will involve determining the order of any witnesses who will give evidence at what stage. Parties can be cross-examined to test the witnesses’ evidence.
Members of the public may attend, unless the authority members directs otherwise.
The member will ask the parties questions about the information they have received before the hearing. At the conclusion of the investigation meeting, either of the parties or their representatives may summarise their arguments and the relevant law.
The Employment Relations Authority will then release a written decision, called a determination. The Employment Relations Authority decisions are published online and made available to the public.
Costs
If you are unsuccessful, costs can be awarded against the party that loses. When a claim is heard in the Authority, the Authority may order the unsuccessful party to pay costs to the successful party. The successful party can generally expect some contribution from the unsuccessful party, but the contribution is typically not representative of a party’s true costs. The Authority has a” daily tariff” system as the starting point for assessing costs. Currently, the daily tariff of costs is $4,500 for the first day spent in the Authority, and $3,500 for subsequent days.