The Employment Relations Authority (ERA) is a more formal step to resolving an employment dispute or personal grievance if mediation doesn’t work. The ERA is an independent body set up to investigate workplace disputes. 

Both employers and employees can lodge an application in the ERA, the filing fee currently costs $71.56.

Daily Tariff Increases Employment Relations Authority

The Employment Relations Authority has issued a practice note regarding its calculation of costs awards.

Employment Relations Authority Determines On Call Work

In Sanderson v South Canterbury District Health Board [2017] NZERA Christchurch 37, the Employment Relations Authority has determined that being “on-call” constitutes “work”, which means the Minimum Wage Act will apply.  As such, these employees must be paid at a rate no less than the minimum wage for every hour that they are on-call.

No Jab, No Job: Has the Employment Relations Authority put a stake in the ground?

A recent decision of the Employment Relations Authority (the Authority) made by Member Beck sitting in Christchurch, has attracted a significant amount of attention. The decision is GF v New Zealand Customs Service, 2021 NZERA 382. Put shortly, the Authority decided that Customs could dismiss the employee (GF) because the employee declined to get vaccinated for Covid-19.

Major Decision Christmas Vacation Days Excluded 28 Day Limitation Period Challenging Employment Relations Authority Decision

The likelihood for confusion to occur over when the 28 days for filing a challenge to an Employment Relations Authority determination expires has been much reduced by a recent decision of the Employment Court. In making its decision, the Court refused to follow the earlier decision of the Court in Vice-Chancellor of Lincoln University v Stewart.

Advocating for change – name publication in the Employment Relations Authority

There are really three options about the naming of parties in employment litigation, vis that there is a total prohibition on naming parties, that there is a default setting where parties are generally not named but an application can be made by a party for names to be published, and finally the publication of names more or less automatically except where a party can persuade the court or tribunal that withholding names is appropriate.

Employee Reimbursed Cancelled Holiday

The Employment Relations Authority determined that an unjustifiably dismissed employee had suffered the loss of a benefit because he had to cancel a pre-arranged holiday and it awarded the employee the amount of the cancellation fee.

Unjustified Dismissal Employee Started Work

In a recent case out of the Christchurch Employment Relations Authority, two employees were unjustifiably dismissed before they had even commenced work.

Subscribe to Newsletter

* indicates required