CLEW has produced resources that give practitioners an opportunity to learn how to take a case to the Employment Relations Authority.
Employment Relations Authority workshop resources
Training resource: ‘Taking a Matter to the Employment Relations Authority’
Episode 1: What to expect
At the start of the meeting, the Authority member makes introductions and outlines how the meeting will proceed and determine the order in which people will speak. The Authority member then asks questions of both parties, about the facts they provided in the Statement of Problem and Statement in Reply.
Episode 2: "The Applicant’s Evidence"
The applicant will be heard first, because it is their claim. It is your opportunity to tell your story and present all the information and evidence that backs up your claim/s. The Member is likely to ask you and your witnesses questions and the other side is also likely to ask you and your witnesses questions.
Episode 3: "The Respondent’s Evidence"
The respondent has an opportunity to respond to what the applicant and her/his witnesses have said. That is your opportunity to present all the information and evidence that shows why you disagree with the applicant’s claim/s. The Member is likely to ask you and your witnesses questions and the other side is also likely to ask you and your witnesses questions.
Episode 4: "End of the Investigation Meeting"
At the end of the meeting, you or your representative may sum up by making points about the information gathered by the Authority. When summing up, you may refer to any applicable legal principles. A citation of any case law should be given if you choose not to present a copy of the decision. In some cases, you may be invited to make submissions in writing after the meeting.
Episode 5: "Oral Determination"
At the end of the investigation meeting a Member may deliver a binding oral decision, called a determination. A written copy of that determination will also be issued as soon as possible.
A series of slides below summarises the process illustrated in the video clips, and provides helpful tips to those with little or no experience of appearing at the Authority.