# Escalating unresolved issues Official source: https://www.employment.govt.nz/resolving-problems/how-to-resolve-problems/escalating-unresolved-issues Scanned: 2026-06-07T03:31:31.402Z Use this as a current official guidance reference, not as a substitute for legal advice. ## Page Text Home Resolving problems How to resolve problems Escalating unresolved issues How to resolve problems Resolving problems Problems in the workplace Misconduct Bullying, harassment and discrimination Illness and injury Migrant exploitation Work relationship problems How to resolve problems Steps to resolve problems Resolving issues yourselves Talking to your employer Early resolution Mediation Personal grievances Disciplinary action Records of settlement Labour Inspectorate complaints Escalating unresolved issues Protected disclosure Employment during and after disasters Addressing Holidays Act non-compliance Everyone Escalating unresolved issues Employers and employees can take further action if they cannot resolve employment problems. When a matter has not been resolved through mediation A confidential and safe way for employers and employees to work through their issues and develop solutions with the help of an independent mediator. Mediation is usually voluntary, but in some cases can be directed by the Employment Relations Authority. or other processes, an employee Any person, whatever their age, who is employed by an employer to do any work for hire or reward under a ‘contract of service’ (commonly called an ‘employment agreement’). or employer An individual or organisation that hires 1 or more employees and contracts them to work in exchange for wages or salary under a ‘contract of service’ (commonly called an ‘employment agreement’). may take the matter to the Employment Relations Authority The tribunal established under the Employment Relations Act to resolve employment relationship problems. , the Employment Court The court that hears and determines cases relating to employment disputes. It also hears challenges to determinations of the Employment Relations Authority and questions of interpretation of law. It has initial jurisdiction over matters like strikes and lockouts. or the Human Rights Tribunal. Employment Relations Authority (ERA) If you have not been able to resolve the problem by talking to the other person or by using mediation A confidential and safe way for employers and employees to work through their issues and develop solutions with the help of an independent mediator. Mediation is usually voluntary, but in some cases can be directed by the Employment Relations Authority. , you can ask the ERA The tribunal established under the Employment Relations Act to resolve employment relationship problems. to make a binding decision. How the ERA can help The ERA is independent. It helps to resolve employment relationship The way in which employers, employees, and sometimes unions, relate and behave towards each other. An employment relationship starts when an employee accepts an offer of employment. problems by looking into the facts and making a decision based on the merits of the case, not on technicalities. Any employer or employee who has an employment problem can apply to have their case heard at the ERA. There is a cost to apply to the ERA — you will find information about this on their website. If you have not tried mediation, the ERA will usually recommend that you do so. Even if you have tried mediation, the ERA may get you to try again if they believe it might solve the problem. Mediation The ERA’s process is more formal than mediation but less formal than a court. You can represent yourself or have someone support or represent you. After investigation, the ERA will make a decision about your case. This determination is a public document unless the applicant or respondent has been granted a non-publication order. The decision is final and legally enforceable. As part of the decision, the ERA can decide to award remedies, such as: that the employee be reinstated on a temporary or permanent basis reimbursement for lost wages compensation to be paid compliance — for example, paying wages or holiday pay owed payment of costs to the successful party. If the employee’s behaviour contributed to the situation that led to the personal grievance, the ERA must decide to reduce or not to award certain remedies. Find out more: Personal grievances For more information on the ERA and its processes, see: Employment Relations Authority (external link) ERA facilitation of collective bargaining The ERA can also assist by facilitating bargaining. This can only happen in specific circumstances and if a party to the bargaining requests it. Collective bargaining Employment Court If you are unhappy with a written decision by the Employment Relations Authority (ERA), you can challenge it in the Employment Court The court that hears and determines cases relating to employment disputes. It also hears challenges to determinations of the Employment Relations Authority and questions of interpretation of law. It has initial jurisdiction over matters like strikes and lockouts. . The ERA and Employment Court websites provide guidance on what you can challenge and how. You must apply to the Employment Court within 28 days of the ERA’s written decision being made. In some cases, the ERA may refer your case directly to the Employment Court without it being investigated by the ERA. This might be when: your case involves an important question of law (for example, if it’s the first case to interpret new legislation) the nature and urgency of the case means that it’s in the public interest for the Employment Court to hear it first the Court is already hearing a case between the same parties that involves the same or similar matters. Although you may represent yourself, we recommend that you seek legal advice and representation when going to the Employment Court. For more about the Employment Court, including how to apply, what happens during a hearing, and judgements and costs, see the Employment Court website. Employment Court of New Zealand (external link) Human Rights Commission Te Kāhui Tika Tangata The Human Rights Commission Te Kāhui Tika Tangata offers a free and confidential dispute resolution service for complaints in employment about unlawful discrimination and other prohibited behaviours under the Human Rights Act. The Commission can help resolve complaints relating to breaches An act of breaking a law, promise, agreement or relationship. of human rights Rights that everyone has, for example, the right to health and safety, right to life, right to the freedom from torture, and right to the freedom of expression. and privacy in employment, for example: unlawful discrimination When a person is treated differently and less fairly than others, for example, because of their race, sex, age, religion, or other prohibited ground under the Human Rights Act 1993. sexual or racial harassment Any unwanted and unjustified behaviour which another person finds offensive or humiliating. The behavior must be serious or repeated, and have a negative effect on the person’s employment, job performance or job satisfaction. . Bullying, harassment and discrimination See the Human Rights Commission Te Kāhui Tika Tangata website for more on the types of complaints they can help with, and how to make a complaint. Te Kāhui Tika Tangata Human Rights Commission (external link) Human Rights Review Tribunal The Human Rights Review Tribunal is an independent judicial body, separate from the Human Rights Commission Te Kāhui Tika Tangata, Employment Relations Authority, and the Employment Court. The Tribunal hears claims relating to breaches of the: Human Rights Act 1993 (external link) Privacy Act 2020 (external link) Health and Disability Commissioner Act 1994 (external link) See the Human Rights Review Tribunal website for more information. Human Rights Review Tribunal (external link) You cannot claim in both the Human Rights Review Tribunal and ERA. If you have a workplace problem that could be the subject of a personal grievance An action that an employee can take against a current or former employer when they have an employment issue they cannot resolve. under the Employment Relations Act 2000 or a complaint under the Human Rights Act 1993, you must choose which process to go through. Once you have complained at the ERA or the Human Rights Review Tribunal, you may not then start proceedings with the other. Published: 11 March 2024 Last modified: 21 February 2026 Written for: Everyone Share this page: Print this page: