Hon Brooke van Velden
Minister for Workplace Relations and Safety

Workplace Relations and Safety Minister Brooke van Velden is seeking feedback from the public on their experiences with employment advocates, how employment disputes are experienced in practice, and where improvements could be made.

“Employment disputes can be costly to both parties in terms of financial cost, time and relationships. This has significant impacts for both individuals and the wider economy, which is why having effective ways to resolve them matters,” says Ms van Velden.

“I am seeking public feedback on employment dispute resolution to understand the root causes of disputes, the barriers within our system, and potential solutions. This feedback will potentially inform improvements to operations, legislation, and the broader system.

“I have heard concerns about how long employment disputes can take to work through and the costs involved in navigating the process. Lengthy, costly disputes can affect workplace morale and create uncertainty for both employers and employees. When disputes drag on or escalate unnecessarily, they can make it harder for people to move between jobs and for businesses to grow.

“Another concern that I hear about frequently is the behaviour of employment advocates. I’ve heard examples of advocates displaying abusive and unprofessional behaviour and encouraging clients to pursue unfounded cases or seek disproportionate settlements.

The focus of the feedback is on understanding people’s experiences across the full dispute journey, from issues handled in the workplace through to mediation, the Employment Relations Authority and the Employment Court.

The public engagement will run on MBIE’s website from 5 May to 31 July. You can make a submission or find more information. See here: ‘Have your say’ - https://www.mbie.govt.nz/have-your-say/consultation-on-the-employment-dispute-system

“Disputes are inevitable, but how we deal with them matters, and this is an opportunity to listen to people’s experiences and make improvements from them,” Ms van Velden says.

Note:

• It takes around a year for a case to go through both mediation and the Employment Relations Authority [ERA]. Cases that go through the ERA are likely to be more complex.
• Most cases are resolved without going through mediation and ERA.
• Generally, an early resolution takes around 12.2 business days, just over 2 weeks to close a case.

Average working days to go through mediation and ERA

2023/24

• It takes an average of 51 working days to go through mediation, and 211 working days to go through the ERA, which equates to around 366 calendar days.

2025/26

• The 2025/6 year to date figures, with mediation currently around 36.6 working days and the ERA at 203 working days – this works out to be around 11 months

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