Employment disputes are rarely resolved quickly. Before a matter can be heard Employment Relations Authority, parties will usually need to go through MBIE (the Ministry of Business, Innovation and Employment) mediation first. Right now, that means waiting around 3 to 4 months just to get a mediation date.
Even then, the process is not fast. Between 2025 and 2026, disputes took an average of 36.6 working days to complete mediation. However, current wait times for a mediation date are now around 3 to 4 months. If mediation does not resolve the issue, the next step is the Authority or the Court – adding further delay, with Authority determinations taking around 203 working days on average.
That delay and MBIE is currently seeking public input on the employment dispute resolution process. Consultation will be open on MBIE’s website from 5 May to 31 July this year.
Prolonged employment disputes can be expensive and disruptive for employers and their business. A live employment dispute can absorb management time, affect team morale, distract from day-to-day operations and make it harder to plan with confidence. It can also increase legal spend, prolong uncertainty around staffing arrangements and create ongoing risk, particularly where reinstatement remains a primary remedy.
Early advice can often make a real difference. A clear strategy at the outset can help employers assess risk, respond appropriately to allegations, manage without-prejudice discussions, prepare effectively for mediation and, where appropriate, resolve matters before they escalate to the Authority or the Court. In many cases, that means greater control over outcome, lower cost and less disruption to the business.
MBIE is now seeking public feedback on the employment dispute resolution process. Consultation will be open on MBIE’s website from 5 May to 31 July this year.
If you need help resolving an employment dispute efficiently, or want advice on achieving an early commercial resolution, please contact the Ford Sumner Employment Team.