Employment Court Process Map

1
Employment Court Process Map

• A party making a claim in the Employment Court
  is called the plaintiff.
• A party against whom a claim is made is called
  the defendant.
• Some proceedings are commenced by removal from
  the Employment Relations Authority.

• The parties first point of contact in the
  Employment Court is the Registrar.
• Normally a single Judge will hear and determine
  cases in the Employment Court. Where cases raise
  important issues a full Court of at least three
  Judges may be convened.
• Once a case is heard and determined by a Judge a
  judgment will be sent to the parties by Judges
  Assistant.

REGISTRAR
JUDGE
JUDGES ASSISTANT
PLAINTIFF / APPLICANT
DEFENDANT / RESPONDENT
EMPLOYMENT RELATIONS AUTHORITY
NOTE Roles and tasks in this presentation are
colour coded as above
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2
Substantive applications

• Challenges to determinations of the Employment
  Relations Authority (de novo and non de novo)
• Other proceedings
• Matters removed from the Employment Relations
  Authority
• Applications for leave to file challenges out of
  time

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3
Substantive applications (challenges and other
proceedings)
STATEMENT OF CLAIM FILED
Application accepted for filing?
YES
NO RETURN TO THE PLAINTIFF
Application served.
STATEMENT OF DEFENCE FILED
Compliance with call-over conference directions
CALL-OVER CONFERENCE
DEFENDED HEARING
Disclosure matters
interlocutory completed
SUBSTANTIVE JUDGMENT
COSTS JUDGMENT
DISTRIBUTE JUDGMENT
Costs
Distribute costs judgment
sought
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FILE CLOSED
4
Substantive applications (matters removed from
the Employment Relations Authority)
Papers received from ERA
Timetable directions
Statement of Claim
Statement of Defence
Disclosure matters
interlocutory completed
CALL-OVER CONFERENCE
Compliance with call-over conference directions
DEFENDED HEARING
SUBSTANTIVE JUDGMENT
DISTRIBUTE JUDGMENT
sought
Costs
COSTS JUDGMENT
Distribute costs judgment
FILE CLOSED
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5
Application for leave to file challenge out of
time
APPLICATION FILED
Application accepted for filing?
YES
NO RETURN TO THE APPLICANT
Application served.
SUBSTANTIVE JUDGMENT
DEFENDED HEARING
NOTICE OF OPPOSITION FILED
DISTRIBUTE JUDGMENT
COSTS JUDGMENT
Costs sought
Distribute costs judgment
GRANTED - GO TO SLIDE 3
DECLINED
FILE CLOSED
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6
Undefended proceedings
NO DEFENCE FILED
UNDEFENDED HEARING
JUDGMENT
COSTS JUDGMENT
DISTRIBUTE JUDGMENT
Costs sought
FILE CLOSED
Distribute costs judgment
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7
Disclosure and other Interlocutory matters

• The parties may undertake an informal mutual
  disclosure and inspection of documents. If this
  does not resolve disclosure issues, the parties
  should follow the formal procedures set out in
  the Employment Court Regulations 2000.
• Each party may initiate various interlocutory
  matters before a substantive matter is set down
  for hearing.

Challenge to objection to disclosure or other
interlocutory application and affidavit, if
required, filed and served
Notice of opposition and affidavit, if required,
filed and served
INTERLOCUTORY CHAMBERS MEETING OR HEARING
INTERLOCUTORY JUDGMENT
CALL-OVER CONFERENCE - GO TO SLIDE 3 OR 4
DISTRIBUTE INTERLOCUTORY JUDGMENT