Resolving employment relationship problems

This flow chart shows some of the key steps involved in resolving an employment relationship problem. More detailed information on the processes involved and the ways to resolve any problems that may arise are on the Department of Labour’s website. If you would like any further information, please call us on 0800 20 90 20.

A: Employer and employee try to resolve any problems themselves

B: A Labour Inspector can investigate some employment problems relating to minimum employment rights

Note: Labour Inspectors enforce certain employment relations laws, such as holidays and leave and minimum pay. Employers and employees can ask a Labour Inspector to investigate an issue for them.

C: If the parties are unable to resolve the problem, they may go to mediation services. Mediation services is a free, voluntary service that helps people resolve any problems

Note: If there is partial resolution at mediation, the parties may also try to resolve the other issues themselves.

D: If the parties are unable to resolve the problem at mediation, or only reach a partial resolution, they can go the Employment Relations Authority for a decision

Note: The Employment Relations Authority is an investigative body that operates in an informal way. It looks into the facts and makes a decision based on the merits of the matter, not on technicalities. The Authority may direct the parties to mediation at any point in their investigation. It can also refer matters to the Employment Court if there are highly technical legal issues or questions of law that arise that may be important to a whole industry for some reason. The Employment Court can give opinions on the issues of law and refer the matter back to the Authority.

E: If a party is unhappy with the determination, they can challenge it in the Employment Court

Note: The Employment Court may direct the parties to mediation at any point. It can also refer them back to the Authority.

F: A party may be able to appeal on questions of law in the Court of Appeal

Note: Leave to appeal an Employment Court decision is granted by the Court of Appeal.

G: A further appeal on questions of law may be taken to the Supreme Court

Note: Leave to appeal a Court of Appeal decision is granted by the Supreme Court.

A: leads to Resolution B: or C:

B: leads to: Resolution, or C: or D: or back to A:

C: leads to Resolution, including mediated settlement, if appropriate, or D:

D: leads to Determination issued, or E: or back to C:

E: leads to Judgment given or F: or back to C: or D:

F: leads to Judgment given or G:

G: leads to Judgment given

Note: After delivering a judgment, the Court of Appeal or the Supreme Court may direct the matter back to the Employment Court to deal with “lower level”/factual issues.

This information is a guide only; it may not be accurate for every situation and is not legal advice.