Employment Court of New Zealand: what it does
The Employment Court is the specialist court that deals with employment law disputes in New Zealand. Most commonly, it hears challenges to decisions (determinations) made by the Employment Relations Authority (ERA). It can also deal with other types of employment matters, including some strike and lockout disputes and applications for judicial review.
If you are considering going to the Employment Court, the most important thing is to understand the pathway: in many cases you will go through mediation first, then the ERA, and only then (if needed) the Employment Court. The Court is formal, evidence-driven, and deadlines matter.
Quick definitions
- PG = Personal Grievance
- ERA = Employment Relations Authority
- Employment Court = Court that can hear challenges to ERA determinations and other employment claims
The short version
- It is more formal than the ERA. Court protocol matters.
- Evidence is tested. Cross-examination is normal.
- Preparation wins. Bundles, briefs, and a clean chronology.
Watch: Employment Court video
Video source: YouTubeThe Employment Court process is usually more formal than the ERA. Preparation is everything: your evidence and documents should be organised, consistent, and ready to be tested.
How the Employment Court fits with the ERA
The ERA investigates and determines employment relationship problems (for example, unjustified dismissal personal grievances). If you are dissatisfied with a written ERA determination, you may be able to challenge it in the Employment Court.
In general terms, you can:
- Challenge the whole determination (often called a de novo challenge), or
- Challenge specific parts (for example alleged errors of fact or law), sometimes called a non de novo challenge.
Key timeframes and practical reality
Time limits are strict. Challenges are commonly required to be filed within 28 days of the date of the ERA determination. If you are thinking about a challenge, do not sit on it.
The Court will expect a clear statement of what you are challenging and why, and the other side will respond. Most cases involve case management steps, timetables, evidence exchange, and then a hearing.
What happens during a hearing (what to expect)
If you have never been in Court before, do not guess. The Employment Court has published practical guidance on courtroom protocol, hearing procedure, and giving evidence. Read it before your hearing. It will reduce stress and stop you making avoidable mistakes.
Courtroom setup and seating
- Hearings are generally open to the public (unless the judge directs otherwise).
- If you are observing, you sit in the public area at the back.
- If you are self-represented, the Registrar will tell you where to sit (usually one of the front tables).
- Witnesses give evidence from the witness box and may be told to wait outside until called.
Dress and behaviour
- Dress neatly and treat the courtroom as a formal place.
- Do not interrupt or distract proceedings. Note taking is generally permitted unless the judge directs otherwise.
- Electronic devices can be used by representatives if they do not disrupt proceedings and they stay on silent.
- Be respectful in words and behaviour. You can criticise evidence or decisions without personal attacks.
How to address the judge (and the small stuff that matters)
Court protocol is not there to bully people. It keeps proceedings structured and fair. The Employment Court guidance explains what to do when the judge enters, how to address the judge, when you must stand, and when you can sit.
- Be seated before the judge comes in. Everyone will be asked to stand until the judge is seated.
- Address the judge as "Your Honour", or "Sir" or "Ma'am".
- Standing is expected when you speak to the judge, when your witness gives evidence, and when you cross-examine (unless the judge says otherwise).
- Do not interrupt. If you are acting for yourself or as a representative, you may object to evidence when appropriate.
- If you want to say karakia at the start or end of the hearing, tell the Registrar before it starts.
If you have questions on logistics or process, speak to the Registrar. Court staff can assist with navigation but cannot give legal advice.
Hearing procedure: openings, evidence, and closings
The judge decides the order of the hearing (often set at a directions conference). Most hearings follow a predictable structure.
Typical sequence
- Introductions and opening statements (what your case is and what you say the evidence will prove).
- Evidence from witnesses (direct examination, cross-examination, and sometimes re-examination).
- Closing submissions (argument about facts, law, and what the outcome should be).
- Reply (the party who went first can have the final word, strictly in reply).
If you are self-represented
The official guidance makes a point that matters: you have two roles.
- As advocate: you make submissions about reasoning, logic, and the law.
- As witness: you give evidence about events.
Do not mix the two. You cannot give evidence while you are "arguing".
Evidence is not a speech. Evidence is facts. Submissions are argument. If you confuse the two, you waste time and annoy the judge.
Giving evidence: what the Court expects
Witnesses give evidence under oath or affirmation. The Court guidance explains that you will usually read your brief of evidence out loud (or tell your evidence if you do not have a written brief). If you change anything from what is written, you must draw that to the judge's attention.
Direct, cross, re-exam (plain English)
- Direct examination: your side leads your evidence.
- Cross-examination: the other side challenges your evidence (leading questions are allowed).
- Re-examination: your side can clarify what came up in cross, but cannot open new topics.
Do not contaminate evidence
- Do not discuss the case during adjournments unless it is with your lawyer or advocate.
- Do not discuss the case with other witnesses who are yet to give evidence.
- If you are unsure who you can talk to, ask the Registrar or your representative.
Remote hearings are also possible in appropriate cases (for example by audio-visual link). If you are appearing remotely, read the Court's remote participation guidance and do not improvise.
Before the hearing: briefs of evidence and the common bundle
Most problems in Court are not "legal problems". They are organisation problems. The Employment Court commonly requires briefs of evidence to be filed and served under a timetable, and the parties to work together on a common bundle of documents.
Briefs of evidence
- A brief of evidence is a written statement of what the witness will say.
- Briefs are usually filed and served under a timetable set by the judge.
- They form the basis for the evidence given orally at the hearing.
Common bundle of documents
- The bundle contains the documents witnesses will refer to and documents used in submissions.
- It should be indexed and consecutively paginated.
- You cannot dump documents in "just in case".
A judge may also ask the parties to agree and file a chronology (everything that happened, in date order). If you are well-prepared, this is where you make the case easy to understand.
Practical preparation checklist
- Timeline: key dates, meetings, warnings, communications, and who was present.
- Documents: employment agreement, policies, letters, emails, texts, rosters, wage records, performance material, investigation notes.
- Witness evidence: clear chronology, exhibits referenced properly, and consistency with the documents.
- Remedies and losses: lost wages calculations, job search evidence (mitigation), and what outcome you actually want.
- Risk analysis: what you win if you are right, and what it costs if you are wrong (including potential costs exposure).
If you want help preparing a challenge or employment court matter, start by sending your timeline and key documents.
Employee Case Form
