The missing Employment Relations Authority member: Law Society, Opposition slam case logjam

National's workplace relations spokesman Paul Goldsmith said there were "enormous delays to justice right across the sector". Photo / Mark Mitchell

The case of the disappearing Employment Relations Authority member has drawn concern from both the Opposition and the Law Society that the unprecedented walkout was adding further delays to New Zealand’s already-teetering job mediation service.

Last week the Herald broke news that an ERA member - the quasi-judicial officers who rule on employment disputes - had abruptly left his $258,000-a-year role with nearly 20 cases he had heard left unresolved.

The member told the Herald said he had suffered the loss of a close family member during his tenure, compounded by ill health.

“I sincerely regret the matters outstanding when my time at the authority ended. I was unable to complete those outstanding matters because I was unwell at the beginning of this year,” he said.

The Auckland District Law Society (ADLS) said it had approached Minister Michael Wood about concerns parties caught in the fallout - in some cases adding many months of delays and tens of thousands of dollars in additional costs for cases that had already languished for years - were having their access to justice compromised, but had yet to hear back.

“The Auckland District Law Society’s primary concern is for access to justice for the parties to matters in the Employment Relations Authority. Our Committee has raised concerns around access to justice implications arising from the situation with the departing member with the Minister of Workplace Relations and Safety, and is awaiting a response,” barrister Catherine Stewart, the convenor of the ADLS employment committee said.

MP Paul Goldsmith, the National Party spokesman for workplace relations, said it was disappointing but not surprising the ADLS was still awaiting a response from Wood.

“We know this minister is not quick in getting things done.”

Wood recently lost his position as Transport Minister after failing to follow through on a dozen requests over several years to dispose of Auckland Airport shares.

Goldsmith said he had been asking parliamentary questions about the missing ERA member since April, and received responses saying many cases they had been handling were already late in receiving a ruling.

“There are enormous delays to justice right across the sector, which we don’t think have had sufficient attention from the Government. This matter is just compounding things.”

Minister Wood’s office directly addressed the concerns of Stewart and the ADLS.

“I want to reassure the Auckland District Law Society that following the completion of [the departed ERA member’s] term all cases have been reassigned and are following due process as per law. The 19 matters reassigned to other Members are at various stages. Some require further evidence; others are awaiting determination,” a statement said.

The statement said only five of the outstanding ruling would require hearings to be redone.

Wood said recent funding announced in the Budget would “continue to address service demand pressures and address wait times. This will see an almost doubling of funded members from 17 when we came into office, to the low 30s in the next year.”

Matt Nippert is an Auckland-based investigations reporter covering white-collar and transnational crime and the intersection of politics and business. He joined the Herald in 2014 after having spent the decade prior reporting at business newspapers and national magazines.