ERA investigation meeting: the short version
The Employment Relations Authority (ERA) investigates employment relationship problems and issues legally binding determinations. It is less formal than a court, but an ERA case still requires disciplined preparation: clear claims, the right documents, credible witness evidence, accurate loss calculations and a coherent explanation of why the law supports the result sought.
At an ERA investigation meeting, the Authority Member has an active investigative role and will usually ask many of the questions. Witnesses are questioned about their evidence, documents are tested against the competing versions of events, and the parties or their representatives make submissions on the law and remedies.
What is the Employment Relations Authority?
The Employment Relations Authority is the specialist statutory body that resolves employment relationship problems under New Zealand employment law. Employees, employers and unions can bring matters within its jurisdiction when a problem has not been resolved directly or through other dispute-resolution steps.
Common ERA claims include unjustified dismissal, unjustified disadvantage, unpaid wages or holiday pay, breaches of employment agreements, compliance issues, penalties and other employment relationship problems. The precise claims and remedies depend on the facts and the legislation that applies.
The ERA is intended to investigate the real merits of an employment problem rather than operate as a highly technical court process. That does not mean preparation is unimportant. The quality of the pleadings, evidence and case theory can make a major difference to how efficiently the dispute is investigated and how persuasive the case is.
Before filing in the ERA: check the time limits
Time limits can be decisive. Most personal grievances must first be raised with the employer within 90 days of the grievance arising or coming to the employee's attention. A personal grievance involving sexual harassment generally has a 12-month period. Once a personal grievance has been properly raised, there is generally a further three-year period to lodge it with the ERA.
Those are general rules and exceptions can be complicated. If a deadline may be close, do not wait for every document or for negotiations to finish before getting advice about preserving the claim.
ERA process: what happens from application to determination?
| Stage | What usually happens | Why it matters |
|---|---|---|
| 1. Application | The applicant identifies the employment relationship problem, the legal claims and the remedies sought, and lodges the application with the ERA. | The application sets the framework for the dispute. Vague or incomplete claims can create avoidable problems later. |
| 2. Statement in reply | The respondent answers the allegations, sets out its position and identifies the material facts and defences it relies on. | This often reveals what is genuinely disputed and what evidence will be required. |
| 3. Case management | The Authority may hold a case management conference, clarify the issues, consider mediation and set directions for documents, witness statements and the investigation meeting. | Directions are deadlines, not suggestions. Missing them can damage preparation and create unnecessary disputes. |
| 4. Documents and evidence | The parties exchange relevant material and prepare witness statements and any loss/remedy evidence required by the directions. | The documents often decide whether a witness's recollection is credible. |
| 5. Investigation meeting | The Member investigates the facts, questions witnesses, allows evidence to be tested and receives submissions. | This is where the competing versions of events are tested against the evidence. |
| 6. Determination | The Authority issues a legally binding determination. It may give an oral indication or determination at the meeting and later issue the written determination. | The determination records the findings, orders and remedies necessary to resolve the matter. |
| 7. Costs / challenge | Costs may be agreed or determined. A party considering a challenge to the Employment Court must act promptly; a challenge is generally required within 28 days after the written determination. | Settlement offers, conduct and proportionality can materially affect costs. |
What happens at an ERA investigation meeting?
An investigation meeting is not simply a conventional courtroom trial with the representatives doing all the questioning. The Authority Member has an investigative role and is usually the person asking most of the questions. The Member can explore the facts directly, ask for clarification and test the evidence needed to decide the issues.
If a witness has provided a witness statement, the witness will normally attend so their evidence can be tested. The Member, the opposing party and representatives may ask questions. The way the meeting is managed depends on the case and the Member's directions.
Who attends?
- The applicant and respondent.
- The parties' representatives, if they have them.
- Witnesses who are required to give evidence.
- The Authority Member and usually an Authority Officer.
Witnesses are ordinarily expected to attend in person unless the Authority permits another arrangement, such as evidence by video link or another approved method.
What does an employment representative do at the meeting?
Representation is not compulsory. A party can represent themselves. Where a lawyer or employment advocate is instructed, their role can include preparing the case, organising the evidence, dealing with procedural directions, questioning witnesses where permitted, making legal submissions, addressing remedies and responding when the evidence develops differently from what was expected.
Good representation is not about speaking the most. It is about knowing which facts matter, where the documents prove or undermine them, what legal test the Authority must apply, and what result is realistically available.
ERA evidence: what should be prepared?
Employment cases are often document-heavy. A strong chronology supported by contemporaneous records is usually more useful than a large bundle of material with no clear explanation of why it matters.
Core employment documents
- Employment agreement and later variations.
- Relevant workplace policies and procedures.
- Job description and role expectations.
- Restructuring, disciplinary or performance documents.
- Warning, outcome, dismissal or redundancy letters.
Contemporaneous evidence
- Emails, text messages and relevant messaging-app communications.
- Meeting notes, recordings and transcripts where lawfully obtained and relevant.
- Rosters, timesheets, wage records and leave records.
- CCTV, photographs or system records where relevant.
- Medical or other evidence where it is genuinely in issue.
Witness statements
A useful witness statement tells the story in a logical chronology and anchors important propositions to documents. It should distinguish what the witness personally saw, heard or did from what they later learned from somebody else. Inconsistencies between a witness statement, emails and earlier meeting notes are likely to be tested.
Preparing the witness evidence is also a case-assessment exercise. If the documents do not support an important allegation, it is better to identify that problem before the investigation meeting than while the witness is answering questions.
Loss and remedy evidence
Winning liability is only part of many employment cases. If an employee seeks lost remuneration, compensation or reinstatement, the evidence supporting those remedies should be prepared properly. Depending on the claim, that may include wage information, IRD material, job-search records, evidence of new earnings and evidence relevant to the personal impact of what occurred.
What remedies can the ERA award?
The available remedies depend on the claim. They can include reinstatement, reimbursement of lost remuneration, compensation, orders for unpaid wages or holiday pay, compliance orders and penalties where legislation permits them. Remedies can also be affected by statutory contribution rules and the facts of the individual case.
A good ERA strategy therefore starts with the end point: what order is actually sought, what evidence proves entitlement to it, and what legal or practical risks could reduce it?
ERA fees and costs
As at August 2026, the ERA's published application fee is $71.55 including GST. The ERA does not charge an investigation-meeting fee for the first day, but currently charges an applicant for each additional half day after the first day. Professional representation fees are separate from the ERA's own fees.
A successful party may seek a contribution towards professional representation and reasonable disbursements. The Authority's published starting point for costs is currently $4,500 for the first day of an investigation meeting and $3,500 for each additional day, subject to adjustment for the circumstances. Costs can be affected by matters such as reasonable settlement offers, unnecessary conduct, hopeless arguments and unreasonable expense.
ERA fees and costs guidance can change. Check the current ERA fees and remedies and costs guidance before relying on an amount.
Can an ERA case settle before the investigation meeting?
Yes. Employment disputes can settle before an application is filed, during mediation, after the ERA proceeding begins, after witness evidence has been prepared, or even around the time of an investigation meeting. Good preparation can improve settlement because both sides have a clearer view of the evidence and litigation risk.
Settlement should still be assessed against the merits, likely remedies, contribution issues, costs, delay, enforceability and the client's instructions. The objective is not settlement at any price; it is a sensible resolution when the proposed terms properly reflect the case and risk.
How to prepare for an ERA investigation meeting
- Read the pleadings again. Know exactly what claims are pleaded, what is admitted and what remains disputed.
- Build a master chronology. Include dates, people, documents and the event each document proves.
- Follow the Authority directions. Diarise every deadline for documents, witness statements, submissions and conferences.
- Prepare a focused bundle. Include what matters; avoid burying the key evidence in duplication.
- Test every witness statement. Compare it against emails, meeting notes and other witnesses before filing it.
- Prepare the remedy case. Calculate losses and gather the evidence needed to support them.
- Know the legal tests. Evidence only helps if it is tied to the legal issue the Authority must decide.
- Prepare for difficult questions. Identify weaknesses rather than assuming the other side or the Member will miss them.
- Review settlement realistically. Reassess after disclosure and witness statements because the risk picture may have changed.
Need help preparing an ERA case?
If you are an employee with an ERA application, statement in reply, case management directions or an investigation meeting date, send us the documents and a short chronology. We can assess the issues, evidence and next steps.
Send Your Employment CaseERA investigation meeting videos
The following demonstration videos show the basic shape of an Employment Relations Authority investigation meeting. Actual investigation meetings vary depending on the issues, evidence and directions in the particular case.
Video source: Victoria University of Wellington YouTube channel.Introduction and issues
Employee evidence
Employer evidence
Closing submissions
Frequently asked questions about the ERA
Do I need an employment lawyer for the ERA?
No. You can represent yourself, use a practising employment lawyer, or use another representative such as an employment advocate. The better question is whether the person preparing and presenting the case understands the evidence, ERA procedure and the employment-law issues involved.
Is the ERA the same as the Employment Court?
No. The ERA is a specialist investigative body. The Employment Court is a court. Challenges from ERA determinations can be brought in the Employment Court under the statutory challenge process.
How long does an ERA case take?
There is no single reliable timeframe for every case. Timing depends on the issues, urgency, mediation, case-management steps, evidence, witness availability, the length of the investigation meeting and the Authority's workload. A written determination may follow after the meeting, although the Member can also give an oral indication or determination in some cases.
Can I bring new documents to the investigation meeting?
Do not assume that late evidence will simply be accepted. Authority directions usually govern disclosure, bundles and witness evidence. If an important document emerges late, raise it promptly and deal with the procedural issue rather than surprising everyone at the meeting.
What happens if I lose in the ERA?
The unsuccessful party may face a costs contribution, depending on the outcome and circumstances. A party considering a challenge to the Employment Court should get advice quickly: a challenge is generally required within 28 days after the written determination.
Can the ERA order reinstatement?
Yes, where the statutory requirements are met. Reinstatement can be sought as an interim remedy in an appropriate case and as a final remedy where it is practicable and reasonable.
