Employment Court

The Employment Relations Act 2000 section 187 gives jurisdiction to hear all matters relating to employment disputes, either direct (in the case of strikes or lockouts) or after the parties have been to the Employment Relations Authority. The Employment Court is constituted as a court of record and has standing equal to the High Court of New Zealand.

Jurisdiction covers the following areas:

• Challenges from the Employment Relations Authority either a de novo hearing when the election relates to the whole of the determination or, a challenge of the part of the determination when a hearing is sought only in relation to certain issues involved in the matter.
• Parties seek damages, an injunction, or compliance orders relating to actual or proposed industrial action - unlawful strike, lockout, or related picketing for example
• To review how various persons have exercised, or refused, or proposed, or purported to exercise, any of their powers under the Employment Relations Act 2000
• Where proceedings are referred or removed to the Court by the Employment Relations Authority
• When an individual seeks a declaration of whether or not he / she is an employee
• When people are alleged to have committed offences under the Employment Relations Act 2000

There is a limited right of appeal from the Employment Court to the Court of Appeal. Leave to appeal must be sought from the Court of Appeal and it must be based on a point of law not fact. Leave may be granted where the question is one of general or public importance or for other reasons the Court of Appeal considers justified.

By leave there can be a further right of appeal to the Supreme Court.