Procedure in the Employment Court is governed by the Employment Court Regulations 2000, in some situations by the High Court Rules 2016 and the District Court Act 2016, and/or by the Practice Directions issued from time to time by the Court.

Practice directions

The following are the current Practice Directions: Employment Court Practice Directions [PDF, 323 KB]

The last date of revision was 14 December 2018, to Directions numbered: 5: Electronic Filing; 7: Applications to Extend Time to File Documents; 8: Search and Freezing Orders; 9: Amended pleadings generally; 10: Statements of defence to amended statements of claim; 11: Amended Challenges Incorporating Costs Determinations; 14: Prosecutions for Offences Under Employment Relations Act 2000; and 15: Sealed Judgments and Certificates of Judgment for Appeals and Other Purposes.

These Practice Directions cover: Front sheets, applications and communications with the Court, provision of copies of authorities, final submissions at hearing, electronic filing, applications for rehearing, applications to extend time to file documents, search and freezing orders, amended pleadings generally, statements of defence to amended statements of claim, full courts, presence of others at telephone or video conference hearings, prosecutions for offences under Employment Relations Act 2000, sealed judgments for appeals, and costs guideline scale.

Revocation of Practice Direction

As from 1 May 2014 the Court's 2005 Practice Direction affecting cross-challenges was revoked. This means that if a defendant wishes to cross-challenge an Employment Relations Authority determination after the expiry of the 28 day period for doing so under s 179(2) of the Employment Relations Act 2000, an application to extend the time for filing the challenge is required. If you are in any doubt about the effect of this change, you should seek legal advice about it. Lawyers and lay advocates were advised of this change through their professional associations.

If you want to see the previous practice directions ask the registrar by telephone or email.  Find the contact details on our page Contact and find us.

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Legislation and rules

The following pieces of legislation may also be useful.

General

Health and safety

Pay and wages

Leave

Human rights

Other

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The last date of revision was 14 December 2018, to Directions numbered:

5: Electronic Filing;

7: Applications to Extend Time to File Documents;

8: Search and Freezing Orders;

11: Amended Challenges Incorporating Costs Determinations;

14: Prosecutions for Offences Under Employment Relations Act 2000; and

15: Sealed Judgments and Certificates of Judgment for Appeals and Other Purposes.

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