The Government is asking workers and employers to share their experiences of employment disputes, with Workplace Relations and Safety Minister Brooke van Velden pointing to lengthy timelines, costs and the conduct of some employment advocates as key concerns.

Feedback runs on MBIE’s website from 5 May to 31 July and will look at the full pathway for disputes, from issues managed in the workplace through to mediation, the Employment Relations Authority (ERA) and the Employment Court. Van Velden says the aim is to understand the root causes of disputes, the barriers in the system and practical fixes that could lead to operational changes, legislation or both.

“Employment disputes can be costly to both parties in terms of financial cost, time and relationships,” she said. “I’ve heard concerns about how long employment disputes can take to work through and the costs involved in navigating the process.” She also cited reports of employment advocates “displaying abusive and unprofessional behaviour” and encouraging unfounded cases or disproportionate settlements.

By the numbers, MBIE says it takes an average of 51 working days to get through mediation and 211 working days to get through the ERA, which is roughly a year end to end. Early resolutions that don’t go to mediation or the ERA close in about 12 business days on average. Year-to-date figures for 2025-26 show mediation at about 36.6 working days and the ERA at 203, or roughly 11 months combined.

Employment advocates are non-lawyer representatives who regularly appear in the ERA and, with permission, in the Employment Court. They are not regulated by the Law Society. Supporters say advocates can improve access to justice by keeping costs down; critics point to cases of poor conduct and perverse incentives. The consultation specifically asks for people’s real-world experiences with advocates and how representation affects the time and cost of resolving disputes.

“Disputes are inevitable, but how we deal with them matters,” van Velden said.

Submissions and information: MBIE Have your say - Consultation on the employment dispute system: https://www.mbie.govt.nz/have-your-say/consultation-on-the-employment-dispute-system