Employment Law

Preparing an opening statement for MBIE Mediation is important as it helps tell the other party and the mediator your story and what you are seeking for resolution. It will also become a good starting point for an Employment Relations Authority witness statement if your matter does not settle at or after mediation.

In the employment law jurisdiction the ERA and the Employment Court have the power to direct parties to use mediation. Here is how employment mediation process works and an insight into common behaviours used during employment mediation.

Going to a MBIE Employment Mediation can be stressful and daunting for an employee. The mediator will work to encourage settlement before the case goes to the ERA. We put it in perspective here.

Where an employee has a personal grievance for unfair dismissal, unjustified disadvantage or any other claim, the parties are required to attend an employment mediation. Whether an employment dispute is resolved before or at mediation both the employer and employee must be able to sign the record of settlement agreement. We describe methods of how signing can be achieved remotely.

MBIE's own mediator competency framework expects mediators to understand tikanga, use te reo appropriately, and be able to deliver karakia where appropriate. Where the issue is mediator conduct and protocol rather than the parties' confidential bargaining, there is a strong case for speaking publicly about it.

Mackey v Shearing NZ Ltd [2026] NZERA 146 is a useful case on s 149 finality, failed confidentiality counterclaims, and direct invoice payment of non-lawyer advocate fees.

Suspension is sometimes necessary, but it is never a harmless step. This guide explains the legal tests for suspension in New Zealand, and when a suspension becomes an unjustified disadvantage personal grievance.

Nine recurring arguments and tactics we see in Employment Relations Authority investigations, and why they should carry little weight.