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Employment Relations Act 2000

General provisions - Demand notices

225: Objections to demand notice

You could also call this:

“This explains how employers can disagree with a notice asking them to pay money to their workers.”

If you’re an employer and you get a demand notice, you can object to it. You need to do this by telling the Employment Relations Authority within 28 days of getting the notice.

If you don’t object in time, or if you withdraw your objection, the demand notice becomes legally binding. This means you have to do what it says.

The demand notice is also treated as evidence that you owe the employee the money mentioned in it. This could be wages, holiday pay, or other money.

If you don’t follow the demand notice, the Authority can make you comply by issuing an order under section 137. The notice can also be enforced like a court judgment under section 141, which means the money can be collected from you like any other debt.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61450.

Topics:
Work and jobs > Worker rights
Money and consumer rights > Consumer protection
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224: Demand notice, or

“A special notice that tells bosses they need to pay their workers money they owe them”

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226: Authority to determine objection, or

“The group in charge decides if the boss owes the worker money and how much they should pay.”

Part 11 General provisions
Demand notices

225Objections to demand notice

  1. An employer may lodge with the Authority an objection to a demand notice.

  2. An objection must be lodged by an employer with the Authority within 28 days after the demand notice is served on the employer.

  3. A demand notice has the consequences specified in subsection (4)—

  4. if no objection is lodged before the close of the period specified in subsection (2); or
    1. if any objection lodged before the close of the period specified in subsection (2) is withdrawn (whether before or after the close of that period).

      1. The consequences are that the demand notice—

      2. imposes a legal requirement on the employer to comply with it; and
        1. is prima facie evidence before the court or the Authority or (for the purposes of paragraph (d), before the District Court) that the employer owes to the employee the wages or holiday pay or other money specified in the notice; and
          1. may be enforced by the making by the Authority of a compliance order under section 137; and
            1. is enforceable as a judgment debt under section 141 (which applies with any necessary modifications).

              Notes
              • Section 225(4)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).