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Employment Relations Act 2000

General provisions - Demand notices

224: Demand notice

You could also call this:

"A 'Demand notice' is when a Labour Inspector tells an employer to pay an employee's owed wages or holiday pay."

If you are an employer, a Labour Inspector can give you a demand notice. This can happen if an employee complains that they have not received their wages or holiday pay. The Labour Inspector must think the employee has a good reason to complain, and this can be under the Minimum Wage Act 1983 or the Holidays Act 2003.

You will get at least 7 days to comment on the complaint before the Labour Inspector decides what to do. The Labour Inspector will think about what you say, and then decide if the employee should get their wages or holiday pay. If the Labour Inspector thinks the employee should get their money, but you are not willing to pay, you might get a demand notice.

The demand notice can be given to you in person, or left with you if you do not want to take it. There are some times when a demand notice cannot be given, like between 17 December and 8 January. If a demand notice is given, it can only be for money that should have been paid in the last 6 years.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61448.

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Part 11General provisions
Demand notices

224Demand notice

  1. A Labour Inspector (or a person authorised by a Labour Inspector to do so) may serve on an employer a demand notice, in the prescribed form, if—

  2. an employee makes a complaint to the Labour Inspector, or the Labour Inspector believes on reasonable grounds, that an employee has not received wages or holiday pay or other money payable by the employer to the employee under the Minimum Wage Act 1983 or the Holidays Act 2003; and
    1. the Labour Inspector has given the employer not less than 7 days to comment on the complaint or the grounds for the Labour Inspector's belief; and
      1. the Labour Inspector, after considering any comments made by the employer under paragraph (b), is satisfied that the employee is entitled to the wages or holiday pay or other money; and
        1. the Labour Inspector is satisfied that the employer is not willing to pay the wages or holiday pay or other money to the employee in a reasonable manner or within a reasonable time.

          1. A demand notice must be served—

          2. by giving it to the employer concerned; or
            1. if the employer does not accept the demand notice, by leaving it in the employer's presence and drawing the employer's attention to it.

              1. A demand notice may not be served in the period commencing on 17 December and ending with the close of 8 January in the following year.

              2. A demand notice has no effect to the extent, if any, that it claims money (being wages or holiday pay or other money) that was payable more than 6 years earlier than the date on which the demand notice is served on the employer concerned.

              Notes
              • Section 224(1)(a): replaced, on , by section 7(1) of the Fair Pay Agreements Act Repeal Act 2023 (2023 No 65).