Chief Judge of the Employment Court, Christina Inglis has told lawyers in Auckland today that major changes in how employment cases are run have led to long delays in the Employment Relations Authority and Employment Court, and a major rise in costs for both employers and employees.

Speaking at The Law Association of New Zealand (TLANZ) Burning Issues Employment Law conference, Chief Judge Inglis said the profession, the Authority and the Court can all learn from how the system has evolved over the past 25 years to help tackle challenges the jurisdiction now faces.

“Academics in the western world have routinely described employment law as being in a state of crisis,” Inglis said, “that the pressures being brought to bear are pummelling it with increased regularity and intensity and that it is being asked to respond to old issues presented in new ways.”

The Chief Judge reflected on the passage of time between when the Employment Relations Act was first implemented 25 years ago and now.

“The birth of the Employment Relations Authority as an investigative body in 2000 and the expansion of the Employment Court’s jurisdiction to enable parties to run their entire claims afresh was meant to offer a quicker, less technical and more practical way of dealing with disputes,” Judge Inglis said.

This is not what has happened. But, she said, “difficult times in history, including legal history, provide an opportunity to recalibrate.”

In New Zealand, nowhere is the “crisis” more evident than in the area of costs. Judge Inglis said her most recent research revealed that over the past 25 years, average costs awards had increased by 100% and average remedial awards were up by 200%.

She pointed out that employment litigation had become unaffordable with many litigants now preferring self-representation, with the growing number of unregulated employment advocates being of great concern.

“Of interest is the changing demographic of those who are now appearing before the court, in comparison to those who were appearing in 2000. The number of litigants choosing to be represented by a lawyer is shrinking, replaced by a decided upswing in preference for self-representation.” Judge Inglis said.

Workplace Relations and Safety Minister Brooke van Velden who also spoke at the conference acknowledged long-standing concerns about unregulated employment advocates but said her reform agenda is already too busy to act on the issue.

“This is something that I hear about quite consistently. It doesn’t matter which city I’m travelling to; people have concerns about employee advocates.”

After outlining the government’s workplace reforms, van Velden was asked about regulating employment advocates but indicated it was not an immediate priority.

The Minister said the current Government was working toward a more flexible labour market with reduced compliance costs. She said this would ensure employers were more likely to hire staff and take risks. She added her aim as Minister was to “get the fundamentals right while remaining prepared to adapt to change.”

More than 200 conference goers attended the event held at the Park Hyatt in Auckland on 9 October. The event was perhaps poignant due to it being 25 years on from the implementation of the Employment Relations Act. While much has changed Chief Judge Inglis remarked that many of the issues facing employment lawyers remain the same.

President of The New Zealand Law Association (TLANZ) Tony Herring said “the Burning Issues Conference had brought together some of New Zealand’s sharpest minds in employment law to discuss the real-world challenges facing today’s workplaces. It’s a vital forum for our profession to connect, share insights and help shape the future of employment relations in New Zealand.”

Meanwhile Chief Executive of TLANZ Clayton Kimpton said “the Burning Issues Conference reflected the strength and depth of New Zealand’s employment law community. By bringing together leaders from across the profession, the judiciary and government, TLANZ was fostering the dialogue and collaboration needed to navigate the evolving challenges of modern workplaces.”

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