After the hearing
All judges aim to deliver their judgments as quickly as possible. The judges of the Employment Court expect that 90% of judgments will be delivered within three months of the last day of the hearing or receipt of the last submissions, whichever is later. The three month period does not include court vacations or other periods of judges’ leave. A judge may sometimes tell the parties at the hearing that the judgment will take longer than three months to deliver because the case is complex or for other appropriate reasons.
Find out more about judgment delivery time.
At the hearing (or after the hearing if leave is granted) you can apply for a costs order. A costs order relates to the legal costs of the proceeding and may include a claim to be reimbursed for expenses that have been incurred relating to the litigation, such as filing fees, hearing fees or other out-of-pocket expenses.
Whether to award costs, and the amount of them, is at the discretion of the Judge. Generally, the successful party is entitled to an award of costs. Before any decision is made the Judge will expect to hear from both the successful and unsuccessful parties usually by an exchange of written submissions.
The Judges have adopted a scale of costs to guide the exercise of their discretion. That scale has applied since 1 January 2016 and can be found in the Employment Court Practice Directions found here(external link).
An application for a costs order should include confirmation that the amount claimed does not exceed the amount actually paid for the costs and expenses of the hearing.
A costs judgment will be delivered in writing.
Once you have received a judgment you can write to the registrar to ask for a certificate of judgment for monetary remedies. You can then either:
- ask the Collections Unit at your local court to help you collect the debt2
- ask a debt collection agency if they can help you collect the debt (they may charge a set fee or a percentage of the debt)
- ask a lawyer to enforce the debt for you, or
- apply to the Employment Court for a compliance order.
For non-monetary remedies such as reinstatement you can apply to the Employment Court for a compliance order if the Court’s original order is not complied with.
The same applies to enforcement of the Employment Relations Authority determinations. After a written determination is issued you can ask for a certificate of determination by writing to the senior support officer; or apply for a compliance order to the Authority if other party has not complied with their determination.
There is a limited right of appeal from the Employment Court to the Court of Appeal. You must apply to the Court of Appeal for leave (permission) to appeal. Your appeal must be based on a point of law, not a dispute about the facts of the case. You cannot appeal against the court's decision on the interpretation of any employment agreement.
You must file your application for leave to appeal within 28 days from the date of the judgment3.
If you are unsuccessful at the Court of Appeal, you can apply for leave to appeal to the Supreme Court.
Appeals are technical and complex and you may wish to get legal advice and representation if you want to appeal. In most cases, also, parties are only allowed to be represented by a practicing lawyer in the Court of Appeal and the Supreme Court, or you can represent yourself.
Find out more about getting legal help.
Find out more about appeals to the Court of Appeal and about appeals to the Supreme Court.
Application for rehearing
A rehearing application may be filed only if you have the grounds to believe that there has been a significant flaw in a judgment or hearing procedure, or where new significant evidence has become available which could not have previously been discovered and placed before the Court.
You must state fully, but concisely, the precise grounds for your application and file an affidavit in support to verify the grounds for your application4.
An application for a rehearing should be filed within 28 days from the date of the decision or the order of the Court subject to the application.
The filing fee must be paid before or at the time of filing the application.
You need to file:
- Form 13: application for rehearing
- An affidavit in support
Find Form 13 application for rehearing, template of an affidavit and the fee information on our forms and fees page.
- Cl 19 Schedule 3, Employment Relations Act 2000(external link); reg 68 Employment Court Regulations 2000(external link)
- s 141 Employment Relations Act 2000(external link)
- s 214(2) Employment Relations Act 2000(external link)
- cl 5 Schedule 3 Employment Relations Act 2000; r 61, Employment Court Regulations 2000(external link)
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