About going to the Employment Court

Anyone who is unhappy with the Authority's determination about a personal grievance or employment issue 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 should be contacted only when a party is about to apply or to check the progress of an application.

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.

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

It is wise to have someone with experience to conduct the case. Unless you are confident and familiar with the workings of employment agreements, legislation and legal procedures, you should consider a professional employment representative skilled in advocacy and acquainted with Court procedures.