Section 158, Employment Relations Act 2000

Between

Full name of applicant: ...................................................................

Address of applicant: ...................................................................

and

Full name of respondent: ...................................................................

Address of respondent: ...................................................................

To the Employment Relations Authority

And to the respondent

• 1 The problem (or matter) that I wish the Authority to resolve is:¹

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• 2 The facts that have given rise to the problem (or matter) are:¹

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• 3 I would like the problem (or matter) to be resolved in the following way:^{1 2}

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  1	Give enough detail to ensure that the Authority and the respondent are fully, fairly, and clearly informed.
  2	Please include reference to any specific remedy (being a remedy under any enactment or rule of law) that you are seeking. If the applicant is an employee who is seeking, by this application, an order, under section 127(1) of the Employment Relations Act 2000, for the employee's interim reinstatement, the applicant must, at the time of lodging this application, file a signed undertaking in form 2.

• 4 I attach copies of the following documents (which I think are relevant to the problem):³

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  3	List here all the documents that are attached, eg, your employment agreement or letters that you wish to rely on, or documents required under any other legislation, etc.

• 5 Have you, the applicant, tried to resolve this problem (or matter) by using mediation services provided by the Department of Labour?       Yes □       No □

• 6 Have you, the applicant, tried to resolve this problem (or matter) by using mediation provided by someone other than the Department of Labour?       Yes □       No □

• 7 Have you, the applicant, taken any other steps of any kind to resolve the problem (or matter)?       Yes □       No □

  If the answer to this question is “Yes”, specify the other steps taken:

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• 8 If you, the applicant, have answered “No” to both the question in paragraph 5 and the question in paragraph 6, please indicate why you have not used mediation to try to resolve the problem (or matter):

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• 9 This application is accompanied by the prescribed fee.

• 1 If you intend to respond to this application, you must, within 14 days after the date of the service of this application on you, lodge 2 copies of a statement in reply with an officer of the Employment Relations Authority at [location].

• 2 The term days (in paragraph 1) does not include any day in the period beginning with 25 December in any year and ending with 5 January in the following year.

• 3 You will be notified of the place, date, and time at which the Authority will conduct any investigation meeting in respect of this application.

This application is lodged by ............., whose address for service is ............. and whose telephone number is ............. and whose fax number for service is ............. and whose document exchange number for service is ............. and whose email address for service is .............⁴

This application is lodged by ............., on behalf of the above-named applicant, whose address for service is ............. and whose telephone number is ............. and whose fax number for service is ............. and whose document exchange number for service is ............. and whose email address for service is .............⁴

Section 127(2), Employment Relations Act 2000

Between

Full name of applicant: ...................................................................

Address of applicant: ...................................................................

and

Full name of respondent: ...................................................................

Address of respondent: ...................................................................

I, [full name], am, by an application lodged at the same time as this undertaking, applying for an order under section 127(1) of the Employment Relations Act 2000 for interim reinstatement with my employer, [full name], in the position of [job title].

I raised the grievance with my employer on [date].

I agree that I will abide by any order that the Employment Relations Authority may make in respect of damages—

• (a) that are sustained by the respondent through the granting of the order for interim reinstatement; and

• (b) that the Employment Relations Authority decides that I ought to pay.

Under the Employment Relations Act 2000

Between

Full name of applicant: ...................................................................

Address of applicant: ...................................................................

and

Full name of respondent: ...................................................................

Address of respondent: ...................................................................

To the applicant

And to the Employment Relations Authority

• 1 The respondent's view in relation to the problem (or matter) specified in the application is:¹

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• 2 The respondent's account of the relevant facts is:¹

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• 3 The respondent makes the following comments and supplies the following further information:¹

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  1	Give enough detail to ensure that the Authority and the applicant are fully, fairly, and clearly informed.

• 4 I attach copies of the following documents (which I think are relevant to the problem (or matter)):²

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  ...................................................................
  

  ...................................................................
  

  2	List here all the documents that are attached, eg, your employment agreement or letters that you wish to rely on, or documents required under any other legislation, etc.

• 5 Have you, the respondent, tried to resolve this problem (or matter) by using mediation services provided by the Department of Labour?       Yes □       No □

• 6 Have you, the respondent, tried to resolve this problem (or matter) by using mediation provided by someone other than the Department of Labour?       Yes □       No □

• 7 Have you, the respondent, taken any other steps of any kind to resolve the problem (or matter)?       Yes □       No □

  If the answer to this question is “Yes”, specify the other steps taken:

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• 8 If you, the respondent, have answered “No” to both the question in paragraph 5 and the question in paragraph 6, please indicate why you have not used mediation to try to resolve the problem (or matter):

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This statement in reply is lodged by ............., whose address for service is ............. and whose telephone number is ............. and whose fax number for service is ............. and whose document exchange number for service is ............. and whose email address for service is .............³

This statement in reply is lodged by ............., on behalf of the above-named respondent, whose address for service is ............. and whose telephone number is ............. and whose fax number for service is ............. and whose document exchange number for service is ............. and whose email address for service is .............³

Schedule 2, clause 4, Employment Relations Act 2000

Between

Full name of applicant: ...................................................................

Address of applicant: ...................................................................

and

Full name of respondent: ...................................................................

Address of respondent: ...................................................................

To the respondent (or the applicant)

And to the Employment Relations Authority

I apply to the Employment Relations Authority at [location] for the reopening of the investigation to which the Authority's determination (or order) of [date] relates.

The file number of the Authority's determination (or order) is ...................................................................

A copy of the Authority's determination (or order) is attached to this application.

This application is made on the following grounds: [State fully but concisely the grounds on which the application is made.]

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This application is accompanied by the prescribed fee.

• 1 If you intend to oppose the application for the reopening of the investigation, you must, within 14 days after the date of the service of this notice on you, lodge 2 copies of a statement in reply with an officer of the Employment Relations Authority at [location].

• 2 The term days (in paragraph 1) does not include any day in the period beginning with 25 December in any year and ending with 5 January in the following year.

• 3 You will be notified of the place, date, and time at which this application will be considered.

This application for an investigation to be reopened is lodged by ............., whose address for service is ............. and whose telephone number is ............. and whose fax number for service is ............. and whose document exchange number for service is ............. and whose email address for service is .............¹

This application for an investigation to be reopened is lodged by ............., on behalf of the above-named applicant (or the above-named respondent), whose address for service is ............. and whose telephone number is ............. and whose fax number for service is ............. and whose document exchange number for service is ............. and whose email address for service is .............¹

Section 178, Employment Relations Act 2000

Between

Full name of applicant: ...................................................................

Address of applicant: ...................................................................

and

Full name of respondent: ...................................................................

Address of respondent: ...................................................................

To the respondent (or the applicant)

And to the Employment Relations Authority

I apply to the Employment Relations Authority at [location] for the removal to the Employment Court at [location] for hearing and determination of the following matter (or the following part of the following matter) lodged under [insert file number]:

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This application is made on the following grounds: [State fully but concisely the grounds on which this application is made.]

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This application is accompanied by the prescribed fee.

• 1 If you intend to defend the application for removal, you must, within 14 days after the date of the service of this application on you, lodge 2 copies of a statement in reply with an officer of the Employment Relations Authority at [location].

• 2 The term days (in paragraph 1) does not include any day in the period beginning with 25 December in any year and ending with 5 January in the following year.

• 3 You will be notified of the place, date, and time at which this application for removal will be considered.

This application is lodged by ............., whose address for service is ............. and whose telephone number is ............. and whose fax number for service is ............. and whose document exchange number for service is ............. and whose email address for service is .............¹

This application is lodged by ............., on behalf of the above-named applicant (or the above-named respondent), whose address for service is ............. and whose telephone number is ............. and whose fax number for service is ............. and whose document exchange number for service is ............. and whose email address for service is .............¹

Under the Employment Relations Act 2000

Between

Full name of applicant: ...................................................................

Address of applicant: ...................................................................

and

Full name of respondent: ...................................................................

Address of respondent: ...................................................................

To the applicant

And to the respondent

Take notice that the Employment Relations Authority will hold an investigation meeting in relation to the matter of [insert description of matter] at [address] on [date] at [time].

• 1 If the applicant does not attend the investigation meeting, the matter may be dismissed and costs may be awarded against the applicant.

• 2 If the respondent does not attend the investigation meeting, the Authority may, without obtaining any further information in relation to the problem (or matter), issue a determination in favour of the applicant.

• 3 If in doubt, please contact an officer of the Employment Relations Authority immediately.

Schedule 2, clause 5, Employment Relations Act 2000

Between

Full name of applicant: ...................................................................

Address of applicant: ...................................................................

and

Full name of respondent: ...................................................................

Address of respondent: ...................................................................

To [name], of [address]

You are required to attend before the Employment Relations Authority at [location] on [date] at [time] and from then until you are no longer required to attend, to give evidence in relation to a matter before the Authority.

And you are ordered to bring with you and produce at the same time and place [set out details of the books, papers, documents, records, or things, in the person's possession or under the person's control, to be produced].

This summons is issued by the Employment Relations Authority at [location] on the application of [full name], the [state the party, ie, applicant, respondent, etc], under the seal of the Employment Relations Authority at [place] on [date].

This summons is issued by the Employment Relations Authority at [location], of its own volition, under the seal of the Employment Relations Authority at [place] on [date].

Schedule 2, clause 4A, Employment Relations Act 2000

• 1 The applicant named in the attached application has commenced proceedings against you by making an application to the Employment Relations Authority.

• 2 Even though you are outside New Zealand, the Authority may hear and determine these proceedings. It may do so if the proceedings come within its jurisdiction. The grounds on which the applicant says that the proceedings come within the Authority's jurisdiction are set out in the application.

• 3 Even if the proceedings come within the Authority's jurisdiction, it may decide not to hear and determine them. It may do so if it is satisfied that it is more appropriate for the matter to be resolved in a place outside New Zealand, that the applicant will have a fair opportunity in the place to make the applicant's case, that the applicant will receive proper justice in the place, and that the respondent will suffer unfair disadvantage if the proceedings are heard in New Zealand.

• 4 The notice to you on the application tells you that, if you want to respond to the application, you must lodge 2 copies of a statement in reply within 30 (or 50 or the appropriate number if the Authority has varied the time) days after the date of the service of the application on you.

• 5 However, you may want to say that the proceedings do not come within the Authority's jurisdiction or that, even if they do, the Authority should decide not to hear and determine them. If so, you do not lodge a statement in reply. Instead, you lodge an objection to the Authority's jurisdiction. You must do this within 30 (or 50 or the appropriate number if the Authority has varied the time) days after the date of the service of the application on you.

• Schedule 1 form 8: added, on 10 December 2004, by regulation 6(2) of the Employment Relations Authority Amendment Regulations 2004 (SR 2004/423).