Taking your case to the Employment Relations Authority: process, costs and free help

The steps

1. Raise the problem with your employer in writing (for a dismissal, within 90 days).
2. Try Employment NZ's free Early Resolution phone service, an informal, impartial way to resolve the issue.
3. Go to mediation. The Authority says it expects cases to go to mediation, and gives priority to cases that have been through it. If you skip it you may be sent back.
4. Lodge an application with the Authority and pay the fee.
5. The employer files a Statement in Reply.
6. A case management conference sorts out the issues.
7. An investigation meeting: the Authority hears evidence from each side and witnesses.
8. The Authority issues a written determination.

The ERA says timing depends on whether the case is urgent, whether mediation was tried, availability of the parties and Authority member, and complexity. There's no fixed timeframe, so plan for months, not weeks.

What it costs

Costs awards: if you win, you can claim professional representation costs and reasonable expenses, and the Authority decides who pays and how much. The Authority uses a notional daily tariff to set costs, which is usually less than what a lawyer actually charges. Older sources (a 2022 Employment Court judgment) cite $4,500 for the first day and $3,500 for each later day, but the Authority adjusts this over time and I couldn't confirm the figures now in force, so check the ERA's costs practice note at era.govt.nz. If you lose, you can be ordered to contribute to the employer's costs.

Free and low-cost help

• Employment New Zealand: 0800 20 90 20.
• Community Law Centres: free initial legal advice (communitylaw.org.nz).
• Citizens Advice Bureau: free information and help with forms.
• Your union, if you're a member. They can represent you at no extra cost.
• Any representative you choose: union, lawyer, advocate, family member or friend. A written authority is recommended.
• Interpreters: if you represent yourself, the Authority provides a free interpreter for the case management conference and investigation meeting.

What you can win

• Lost wages (the Act generally sets three months' ordinary pay, with more possible in some cases).
• Compensation for humiliation, loss of dignity and injury to feelings.
• Reinstatement (rare in practice).
• Unpaid wages, holiday pay, notice pay or redundancy compensation owed under the contract.

Is it worth it?

Most cases settle before a determination, often at or after mediation. Ask yourself what you want (money, a record, a reference, an apology) and what a realistic outcome looks like. A free Community Law or union conversation will give you a candid view of the strengths of your case. Your notes, emails and timeline are your best evidence, so keep building them.