Taking your case to the ERA
The Employment Relations Authority is an employment court that deals with employment disputes. It holds investigation meetings and gives a determination or decision that is binding and enforceable.
When you have a dispute with your employer that you cannot resolve between yourselves mediation is the preferred next step in the dispute resolution process. Where the parties cannot agree to attend mediation the Authority can direct the parties to mediation.
Being represented by an Employment Lawyer or Employment Advocate
Although you can take your own case to the authority you can choose to have a legal representative. Representation by a professional increases your chances of a successful outcome. The ERA are not able to give you legal advice, nor do they assist you to prepare for the investigation meeting. There is an added expense when you choose to be represented, whether you pay a lawyer an hourly rate or choose a no win no fee advocate you are still paying a fee somehow. However, at the end of the hearing, the ERA member usually orders the unsuccessful party to contribute towards your costs. All details are recorded in the Record of Settlement, which is signed by both your employer and yourself.
We can help you go to the Authority to obtain remedies for your grievance. Our employment advocates will act on your behalf, prepare the paperwork including the application and witness statements as well as appear on your behalf to conduct the case.
We can undertake compliance proceedings if the other party does not make payment pursuant to the determination.
Most important of all we can assess the financial and other risks you have in seeking arbitration through the Authority and suggest the best way forward.
Contact us if you are contemplating going to the Authority, or if you cannot get your employer to agree to go to mediation. We can provide you with a free and confidential case assessment.