going to the Employment Court

Anyone who is unhappy with the Authority's determination can take the problem to the Employment Court for a full judicial hearing. This is not in the form of an appeal but is a full judicial hearing of the original problem.

Like the Employment Relations Authority, the Court will consider whether mediation might contribute constructively to resolving the matter. It can direct the parties back to mediation at any stage in its proceedings if it thinks this will help resolve the problem.

The Court (http://www.ers.dol.govt.nz/help/court.html) should be contacted only when a party is about to apply or to check the progress of an application. Other questions in relation to employment rights, employment agreements and about how to go about solving problems should be directed to the Workplace Contact Centre (http://www.ers.dol.govt.nz/help/index.html) in the first instance.

Action can be taken in the Employment Court in any of the following circumstances:

• if a party is dissatisfied with the Employment Relations Authority determination in its case
• to seek damages or an injunction or compliance orders in the event of an unlawful strike or lockout or related picketing which is taking place or is about to take place
• to review how various persons have exercised, or refused or proposed to exercise, any of their powers under the Employment Relations Act
• after a party's successful application to the Employment Relations Authority for all or part of the proceedings to be referred to the Employment Court
• when an individual seeks a declaration of whether or not he or she is an employee
• when people are alleged to have committed offences under the Employment Relations Act.

View Chief Judge's practice note on cross appeals in the Employment Court (PDF 13KB) (http://www.ers.dol.govt.nz/pdfs/EC_Practice_Note.pdf)

Getting help with applying to the Employment Court

When a case needs to be heard by the Employment Court, it is strongly recommended that the parties use outside expertise. Neither the application nor the hearing procedures are straightforward.

It is wise to have someone with experience to conduct the case. Unless the party is confident and familiar with the workings of employment agreements, legislation and legal procedures, the use of a lawyer, a union official or other person skilled in advocacy and acquainted with Court procedures should be considered.

You can view application forms, fees and information on procedures (http://www.justice.govt.nz/employment/cases/default.asp) on the Employment Court website.

Getting in touch with the Employment Court

Parties should contact the Court (http://www.ers.dol.govt.nz/help/court.html) only when about to apply or to check the progress of a case. Other questions in relation to employment rights, employment agreements and how to solve problems should be directed to the Workplace Contact Centre (http://www.ers.dol.govt.nz/help/index.html) in the first instance.

Parties can write, send a fax or e-mail the nearest Employment Court (http://www.ers.dol.govt.nz/help/court.html) about their case. Administrative support for the Employment Court is the responsibility of the Ministry of Justice.