Employment Claims Rules 2017 · 2025 Revised Edition · Part 3 · Proceedings Before Tribunal
20. Directions for and conduct of proceedings
Feedback & supportThe directions which a tribunal may give under section 20(3) of the Act include directions on one or more of the following matters:
the giving of evidence, whether orally or in writing, on oath or affirmation;
the calling of a witness to give evidence with a view to assisting in the determination of the claim, whether or not any party will be calling that witness to give evidence for that party;
the length of written submissions (if any);
subject to section 62A of the Evidence Act 1893, the giving of evidence through a live video or live television link;
subject to any written law or rule of law restricting the disclosure, or relating to the confidentiality, of any document or information —
the disclosure of any document or information; (ii)whether any document or information should be treated as confidential; and
whether any party to the proceedings may inspect any document;
dispensing with the attendance before the tribunal of any party to the claim, with the consent of the party;
the time for the payment of any money to any party under section 22(1)(a) or (c) of the Act, including whether payment may be made by instalments.
The following time limits apply in the conduct of proceedings before a tribunal:
for the examination in chief of a witness — 10 minutes per witness;
for the cross-examination of a witness — 60 minutes per witness;
for the re-examination of a witness — 10 minutes per witness;
for closing submissions — 30 minutes per party.
A tribunal may vary any time limit under paragraph (2) as the tribunal deems fit.
Subregulation 1
The directions which a tribunal may give under section 20(3) of the Act include directions on one or more of the following matters:
the giving of evidence, whether orally or in writing, on oath or affirmation;
the calling of a witness to give evidence with a view to assisting in the determination of the claim, whether or not any party will be calling that witness to give evidence for that party;
the length of written submissions (if any);
subject to section 62A of the Evidence Act 1893, the giving of evidence through a live video or live television link;
subject to any written law or rule of law restricting the disclosure, or relating to the confidentiality, of any document or information —
the disclosure of any document or information; (ii)whether any document or information should be treated as confidential; and
whether any party to the proceedings may inspect any document;
dispensing with the attendance before the tribunal of any party to the claim, with the consent of the party;
the time for the payment of any money to any party under section 22(1)(a) or (c) of the Act, including whether payment may be made by instalments.
Subregulation 2
The following time limits apply in the conduct of proceedings before a tribunal:
for the examination in chief of a witness — 10 minutes per witness;
for the cross-examination of a witness — 60 minutes per witness;
for the re-examination of a witness — 10 minutes per witness;
for closing submissions — 30 minutes per party.
Subregulation 3
A tribunal may vary any time limit under paragraph (2) as the tribunal deems fit.