A practical guide to an Employment Relations Authority investigation: filing, case management, witness statements, evidence, the investigation meeting, remedies, costs and preparation.
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Results for ERA
Employment Relations Authority (ERA): steps before filing and attending an ERA Investigation Meeting
ArticleThe steps that commonly occur before and after an ERA application is filed, including raising the problem, mediation, statements of problem and reply, directions, evidence and preparation for the investigation meeting.
Mere Broughton was dismissed by The Whanau Ora Community Clinic after 106 days of employment under an agreement containing a probation provision. The case concerned whether the employer could treat probation as permitting dismissal without the ordinary justification and fair-process requirements.
After a settlement recorded under s 149, Shearing NZ resisted compliance with payment obligations and pursued confidentiality-related penalties against Ms Mackey and allegations that her advocate had aided or procured a breach. The dispute therefore combined enforcement of the settlement with an attempted expansion of liability to the employee's representative.
A plain-English map of the agencies and institutions people often mean when they search for the old 'Labour Department': Employment New Zealand, MBIE mediation, Labour Inspectorate functions and the ERA.
Sleaktek stopped paying chief executive Juliet Hull, pursued a redundancy process she said was predetermined and later raised serious-misconduct allegations that had not been fairly put to her. The case also concerned director Robert Lawrence's personal involvement.
Silvertime's store manager summoned Yucen Xi to an evening meeting without explaining its purpose, told her to resign or be fired, demanded her key and called security before any allegations had been fairly raised with her.
Lindisfarne College dismissed long-serving IT manager Kevin Whelan after a serious comment to students while showing CCTV footage of an accident. Although the misconduct could justify dismissal, the College paid four weeks in lieu rather than complying with the collective agreement's one-month notice mechanism or properly invoking instant dismissal.
