How to Prepare for an ERA Hearing

The Employment Relations Authority operates differently from traditional courts, with a more inquisitorial approach designed to get to the truth of employment disputes. The Authority member will actively participate in questioning witnesses and exploring issues, rather than simply listening to arguments from both sides.

ERA hearings are typically held in conference rooms rather than formal courtrooms, creating a less intimidating environment. However, this informal setting shouldn't mislead you into thinking the process is casual - the Authority has significant powers and the decisions made can have serious consequences for your employment and financial future.

The hearing will usually begin with opening statements from both parties, followed by the presentation of evidence and examination of witnesses. The Authority member may ask questions at any time and will often seek clarification on points of law or fact. Understanding this interactive nature of ERA proceedings is crucial for effective preparation.

Most hearings conclude with closing submissions where each party summarises their case and addresses any issues raised during the hearing. The Authority member will then reserve their decision, which is typically issued in writing within several weeks of the hearing.

Evidence is the foundation of your ERA case, and gathering the right documentation requires a systematic approach. Start by collecting all relevant employment documents, including your employment agreement, job description, performance reviews, disciplinary records, and any correspondence with your employer about the issues in dispute.

Email communications are often crucial evidence in employment disputes. Gather all relevant emails, including those that show the timeline of events, demonstrate your employer's decision-making process, or reveal their true motivations. Don't forget to include emails from colleagues or managers that support your version of events.

Witness evidence can be powerful, but it must be properly prepared. Identify colleagues, managers, or other individuals who witnessed relevant events or can speak to your character and work performance. Witness statements should be detailed, factual, and focus on what the witness personally observed rather than their opinions or hearsay.

Consider whether expert evidence might strengthen your case. This could include medical evidence if you're claiming stress or injury, or expert testimony about industry standards if your case involves technical issues. Expert evidence must be relevant and from appropriately qualified professionals.

Financial records are essential if you're claiming lost wages, benefits, or other compensation. Gather payslips, bank statements, tax returns, and evidence of any attempts to mitigate your losses by seeking alternative employment.

The way you organise your evidence can significantly impact how effectively you present your case. The ERA expects parties to prepare hearing bundles - organised collections of documents that will be referred to during the hearing. These bundles should be logical, easy to navigate, and include everything relevant to your case.

Start by creating a chronological timeline of events, then organise your documents to support this narrative. Use dividers and clear labelling to make it easy for the Authority member and other parties to find specific documents quickly. Number each page consecutively and create an index that lists each document with its page number.

Prepare multiple copies of your hearing bundle - you'll need copies for the Authority member, the other party, their representative, and yourself. It's also wise to prepare a few extra copies in case additional people attend the hearing.

Consider creating a separate bundle of authorities if you're relying on legal cases or statutory provisions. This should include copies of relevant case law, legislation, and any legal commentary that supports your arguments. Make sure these authorities are current and relevant to your specific situation.

Your hearing bundle should tell a clear story that supports your case. Avoid including irrelevant documents that might confuse the issues or distract from your main arguments. Quality is more important than quantity when it comes to evidence.

Witness statements are formal documents that set out what each witness will say at the hearing. They should be comprehensive, covering all relevant facts the witness can speak to, and should be prepared well in advance of the hearing date.

Each witness statement should follow a logical structure: introduce the witness and their relationship to the case, provide their account of relevant events in chronological order, and conclude with their observations about the impact of those events. Statements should be written in the witness's own words and reflect their personal knowledge and observations.

Avoid including hearsay evidence - what the witness heard from others - unless it's specifically relevant to the case. Focus on what the witness personally saw, heard, or experienced. Include specific dates, times, and locations where possible, as these details add credibility to the testimony.

Prepare your witnesses for the hearing experience by explaining the process, the types of questions they might face, and the importance of answering truthfully and clearly. Witnesses should review their statements before the hearing and be prepared to expand on any points raised.

If you're giving evidence yourself, prepare your own witness statement with the same care. This will be your opportunity to tell your side of the story in detail, so make sure it covers all the key points you want the Authority to understand about your case.

ERA hearings follow established procedures that you should understand before attending. The hearing will typically begin with the Authority member explaining the process and confirming the issues to be determined. Both parties will then have the opportunity to make opening statements outlining their case.

The applicant (the person who brought the case) usually presents their evidence first, followed by the respondent (typically the employer). Evidence is presented through witness testimony, with witnesses being examined by the party calling them, then cross-examined by the other party, and potentially questioned by the Authority member.

Cross-examination is your opportunity to challenge the other party's evidence and highlight inconsistencies or weaknesses in their case. Prepare questions in advance, focusing on facts rather than arguments. Keep questions short and clear, and listen carefully to the answers as they may reveal information you can use in your closing submissions.

The Authority member may ask questions at any time during the hearing and may seek clarification on legal or factual issues. Be prepared to answer these questions directly and honestly. If you don't know something, it's better to say so than to guess or provide misleading information.

Closing submissions are your final opportunity to persuade the Authority. Summarise your key evidence, address any weaknesses in your case, and explain why the law supports your position. Keep your submissions focused and avoid repeating evidence that has already been presented.

Practical preparation for your hearing day is just as important as preparing your evidence and legal arguments. Plan your journey to the hearing venue in advance, allowing extra time for potential delays. Arrive early to familiarise yourself with the location and settle any nerves before the hearing begins.

Bring multiple copies of all documents you might need, including your hearing bundle, witness statements, and any additional authorities or evidence. Pack these in an organised way so you can find what you need quickly during the hearing.

Consider what you'll wear carefully - professional business attire is appropriate and shows respect for the process. Avoid casual clothing, excessive jewellery, or anything that might distract from your case.

Prepare yourself mentally for what can be a stressful experience. ERA hearings can be emotionally challenging, especially when discussing difficult workplace situations or personal impacts. Practice staying calm and composed, and consider bringing a support person if the ERA rules allow it.

If you're representing yourself, prepare notes to help you stay on track during your presentation. However, don't read directly from scripts - the Authority wants to hear your authentic account of events. Practice explaining your case clearly and concisely to friends or family members.

Finally, ensure you understand any specific directions the Authority has given about the hearing, such as time limits for submissions or requirements for filing additional evidence. Failing to comply with these directions can harm your case.

Many people make avoidable mistakes when preparing for ERA hearings that can significantly impact their chances of success. One of the most common errors is leaving preparation until the last minute, which leads to disorganised evidence, unprepared witnesses, and missed opportunities to strengthen the case.

Another frequent mistake is including too much irrelevant evidence or focusing on emotional arguments rather than legal and factual issues. While the personal impact of workplace problems is important, the ERA must make decisions based on employment law principles and factual evidence.

Failing to properly prepare witnesses is another critical error. Witnesses who haven't reviewed their statements or don't understand the hearing process can provide confused or contradictory evidence that damages your case. Ensure all witnesses understand their role and have had adequate time to prepare.

Many people also underestimate the importance of understanding the other party's case. Review their evidence carefully and prepare responses to their likely arguments. This preparation will help you during cross-examination and in your closing submissions.

Don't make the mistake of thinking that because ERA hearings are less formal than court proceedings, they require less preparation. The Authority has significant powers and the outcomes can have lasting impacts on your career and finances. Treat the preparation process with the seriousness it deserves.

While you can represent yourself at an ERA hearing, there are several situations where professional legal assistance becomes particularly valuable. Complex cases involving multiple legal issues, substantial compensation claims, or technical employment law questions often benefit from expert guidance.

Consider seeking legal help if your employer is represented by lawyers, as this can create an imbalance in the hearing process. Employment lawyers understand the nuances of presenting cases effectively and can help ensure you don't miss important legal arguments or procedural requirements.

If you're feeling overwhelmed by the preparation process or unsure about what evidence to include, a lawyer can provide valuable guidance on case strategy and evidence organisation. They can also help you understand the strengths and weaknesses of your case and advise on realistic outcomes.

Legal assistance is particularly important if there are potential costs implications - situations where you might be ordered to pay the other party's legal costs if your case is unsuccessful. A lawyer can help you assess these risks and make informed decisions about how to proceed.

Even if you choose to represent yourself at the hearing, consider getting legal advice during the preparation phase. Many lawyers offer limited scope services, such as reviewing your evidence, providing strategic advice, or helping you prepare witness statements, without taking on full representation.