The ERA is an investigative tribunal
An ERA case is more formal than mediation. The parties file pleadings and evidence, attend an investigation meeting where required, answer questions, and make submissions. The Member then determines the facts, law and remedies.
- Reduce the dispute to the actual legal causes of action.
- Identify which witness or document proves each material fact.
- Keep mitigation, wage-loss and remedy evidence up to date.
- Do not bury the strong case under every grievance you have ever had with the employer.
What the ERA will actually test
The ERA will test the employer's justification against the evidence rather than simply accept the explanation in the dismissal letter.
Contemporary documents, witness credibility and the actual process can expose inconsistencies that were easy to gloss over during internal meetings.
Remedies still need to be proved even when liability is established.
What actually matters here
01Plead the case you actually intend to prove
The statement of problem should identify the parties, material facts, legal causes of action and remedies sought. Throwing every workplace complaint into the pleading can obscure the strong points. The cleaner approach is to identify each actionable claim and connect it to the evidence and remedy.
02The investigation meeting tests the evidence
The Authority is investigative rather than a conventional civil court, but witnesses can still be questioned closely about documents, chronology and disputed events. Contradictions matter. Contemporary emails, meeting notes, letters and system records can be more persuasive than reconstructed memories long after the event.
03Remedies and costs need their own proof
Winning liability does not automatically prove every dollar claimed. Wage loss should be calculated and mitigation evidence preserved. Compensation evidence should address the actual effect of the wrongdoing. Costs are generally a contribution assessed under the Authority's approach rather than automatic reimbursement of everything spent.
What a useful result can look like
ERA proceedings take work and carry risk. A case should not be filed merely because negotiation was unpleasant; it should have a coherent legal and evidential basis.
A determination on whether the employer acted unjustifiably or breached employment obligations.
Wage, compensation, reinstatement or other orders where the legal tests are met.
Settlement before or during the process if both sides reassess risk.