132Failure to keep or produce records

1. Where any claim is brought before the Authority under section 131 to recover wages or other money payable to an employee, the employee may call evidence to show that—

2. the defendant employer failed to keep or produce a wages and time record in respect of that employee as required by this Act; and
3. that failure prejudiced the employee's ability to bring an accurate claim under section 131.

4. Where evidence of the type referred to in subsection (1) is given, the Authority may, unless the defendant proves that those claims are incorrect, accept as proved all claims made by the employee in respect of—

5. the wages actually paid to the employee:
6. the hours, days, and time worked by the employee.

7. A defendant may not use as evidence any wages and time record that would be inadmissible under section 232(3).

Compare

• 1991 No 22 s 50

Notes

• Section 132(2): replaced, on 20 December 2023, by section 7(1) of the Fair Pay Agreements Act Repeal Act 2023 (2023 No 65).