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Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Recovery of wages

131: Arrears

You could also call this:

“You can get back money your boss owes you, even if you agreed to less pay before.”

If your employer hasn’t paid you all the wages or other money they owe you under your employment agreement or apprenticeship contract, or if they’ve paid you less than they should have, you can take action to get the money you’re owed.

You can go to the Employment Relations Authority to recover any unpaid wages or money. This is true even if you’ve already accepted a lower payment or agreed to be paid less. Your right to recover the full amount you’re owed doesn’t change.

The Authority might decide that your employer can pay you the money in instalments. They’ll only do this if your employer is having financial difficulties.

Remember, you can still use other ways to get back the wages or money you’re owed. This law doesn’t stop you from using those other methods.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60376.

Topics:
Work and jobs > Worker rights
Money and consumer rights > Consumer protection
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130: Wages and time record, or

“Employers must keep a detailed record of each worker's job information and pay”

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132: Failure to keep or produce records, or

“If an employer doesn't keep good records, the worker's story about their pay and hours might be believed”

Part 9 Personal grievances, disputes, and enforcement
Recovery of wages

131Arrears

  1. Where—

  2. there has been default in payment to an employee of any wages or other money payable by an employer to an employee under an employment agreement or a contract of apprenticeship; or
    1. any payments of any such wages or other money has been made at a rate lower than that legally payable,—
        1. the whole or any part, as the case may require, of any such wages or other money may be recovered by the employee by action commenced in the prescribed manner in the Authority.

      1. The Authority may order payment of the wages or other money to the employee by instalments, but only if the financial position of the employer requires it.

      2. Subsection (1) applies despite the acceptance by the employee of any payment at a lower rate or any express or implied agreement to the contrary.

      3. Subsection (1) does not affect any other remedies for the recovery of wages or other money payable by an employer to any employee under an employment agreement or a contract of apprenticeship.

      Compare
      • 1991 No 22 s 48(1)
      Notes
      • Section 131(1A): inserted, on , by section 43 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).