Prepare for a conference or hearing

You need to choose whether to:

• represent yourself
• have a lawyer represent you
• have a paid agent represent you.

Find out more about legal help and representation.

If you are a member of a union or employer organisation, you should ask if one of their employees can represent you.

You must ask a Commission Member’s permission if you want a representative to take part in your hearing or conference and they are:

• a lawyer
• a paid agent.

The Member will consider a set of rules when they decide if they can take part.

You or your lawyer or paid agent should fill out and send Form 53 – Notice that a person will seek permission for a lawyer or paid agent to participate in a conference or hearing.

When you don't need permission 

You do not need to ask permission if your representative is:

• a lawyer from the Workplace Advice Service (for unfair dismissal, general protections and bullying cases)
• an employee or officer in your business
• an employee from a union or employer organisation, a peak council or a bargaining representative
• a lawyer or paid agent who is a bargaining representative.

You can decide to represent yourself at the Commission. If you do, you will need to prepare.

Ask for witnesses to attend

You can ask a witness to come to your conference or hearing to:

• take part in the proceedings
• give sworn evidence.

Your witness may refuse your request. If so, you can ask us to make an ‘order to attend’. To do this, fill out Form F51 – Application for an order requiring a person to attend before the Commission. Write down:

• the name and address of the witness
• the reason you want them to attend.

If we approve your application, you must send the order to them.

You must do a separate application for any other witness who is unwilling to attend.

See an example of a completed draft order to attend (pdf).

Ask a person to produce documents

You may want a person to give you documents to support your case. These might be:

• time and wages records
• personnel files
• workplace policies or procedures
• CCTV footage.

You must ask us to make an ‘order to produce’. To do this, fill out Form 52 – Application for an order for production of documents, records or information to the Commission.

Write down the name and address of the person you believe has possession, custody or control of the documents.

If you don’t know who this is, write the name as the ‘Proper Officer’.

If we approve your application, you must send the order to them.

See an example of a completed draft order to produce documents (pdf).

Think about some questions for witnesses

To help you feel prepared, it is wise to draft some questions:

• to ask your own witnesses
• to ask witnesses from the other side
• that the other side may ask you.

For your questions, think about whether each one:

• is clear and short
• is relevant to what happened
• is a question, rather than a statement (so the witness can answer)
• relates to an event the witness has first-hand knowledge of.

Avoid asking questions that might ‘lead’ your own witnesses. You should not give them the answer.

You can use your notes when you ask questions on the day. The Member will decide if you can use your notes when you answer questions in the witness box.

Each party must usually pay their own costs.

Sometimes we ask an applicant or a respondent to pay some, or all, of the other side’s costs. This may be because we think their case:

• is for a silly (‘frivolous’) reason or to annoy the other party (‘vexatious’)
• had no reasonable chance of success
• involved an unreasonable act or omission.

If you want an interpreter, you must ask us at least one day before the conference or hearing. Use the section about interpreters in your application or response forms or contact us.

We cannot arrange an interpreter on the day.

Tell us before the conference or hearing if you believe the other party is a threat to your safety. This belief must be genuine.

The Member will consider what you say and decide what to do.