When you employ staff for your business, unfortunately, employment relationship problems may arise. Ideally, you will resolve employment problems informally or reach a settlement at mediation. However, sometimes, employment issues can become more severe and may end up in the Employment Court. The Employment Court hears and determines cases relating to employment disputes. For instance, this court hears challenges to employment law decisions by the Employment Relations Authority. Likewise, this court also hears matters concerning injunctions, strikes or lockouts. This article will explain how to manage a claim against your business in the Employment Court.
What is ‘Managing a Claim’?
If an employee has a claim or challenge against your business in the Employment Court, you must manage that claim. This means you, as the employer, are the defendant and need to defend the challenge or claim against your business.
How Do I Defend a Claim?
You will usually first be aware of a claim against your business at the Employment Court because you receive a ‘statement of claim’. This will have a detailed ‘statement of the claim’ against your business. You will need to submit a statement of defence in response to this. This must be done within the timeframe under the heading of this statement. You will have 30 days from the date the statement of claim was served. If you do not file in time, you will need permission from the court to defend the statement of claim.
That said, if you wish to include with your statement of defence, a cross-challenge, you have a shorter timeframe to file these documents. You have 28 days from the Employment Relations Authority’s written determination date to file.
As an employer, you should seek legal advice if you receive a statement of claim from the Employment Court. Further, you will likely need legal counsel to represent you as your business goes through the process.
How Do I Serve a Statement of Defence?
A statement of defence must comply with the Employment Court Regulations 2000 and must include specific information, such as:
- the full names, addresses and occupations of all parties;
- clear and sufficient facts; and
- whether you admit or deny the alleged claim.
What is Disclosure of Documents?
After you have filed a statement of defence concerning the claim against your business, both parties must disclose all documents relevant to the case.
Sometimes disclosure occurs informally, in which case you must inform the Employment Court Registrar. If this does not happen informally, you need to follow the Court’s formal procedure. This can include the following:
- notice of disclosure;
- objection to the disclosure;
- challenge to objection; and
- application for a verification order.
What Happens Before the Hearing?
When managing a case against your business in the Employment Court, before the hearing, you need to compile your ‘brief of evidence’. These are statements of what witnesses will be saying. You need to file these and serve them to the other party.
There are also some other things you may need to be a part of before the hearing. These include:
- mediation between you and the other party where you may settle the case;
- a directions conference chaired by the judge and usually by telephone; and
- judicial settlement conference, which may result in a settlement.
What Happens at the Hearing?
Part of managing a case against your business at the Employment Court is attending the hearing. Often both parties will be legally represented at any hearing. At the hearing, you and the claimant will give opening statements and produce evidence. Where you have witnesses, your legal representation will examine them. Your legal representation will then proceed to cross-examine the claimant’s witnesses and vice versa. At the end of the hearing, you and the claimant’s legal counsel will make a closure statement. This statement outlines what you each respectively believe the outcome of the case should be.
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Key Takeaways
If you have a case against you in the Employment Court, you must manage this throughout the claim. This begins with filing a statement of defence (often through your lawyer) against the statement of claim. Both parties will need to then disclose documents to each other. Before the hearing, you must comply, file and exchange evidence briefs. Once the case against you at the Employment Court reaches the hearing, you will make an opening and closing statement. Both parties will then present and examine the evidence.
If you need help understanding how to manage a claim against your business in the Employment Court, contact our experienced disputes lawyers as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0800 005 570 or visit our membership page.
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