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Employment Relations Act 2000

General provisions - Demand notices

226: Authority to determine objection

You could also call this:

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

If you disagree with a demand notice, you can object to it. The Employment Relations Authority will then look at your objection. Their job is to decide if you really owe the money mentioned in the notice. They will check if the wages, holiday pay, or other money is actually due to the employee. If it is, they will also decide how much you need to pay.

If the Authority decides that you do owe money, their decision becomes like a court order. This means you must pay the amount they say you owe. The rules for enforcing this decision are found in section 141 of the Employment Relations Act. These rules might be slightly changed to fit this specific situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61451.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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225: Objections to demand notice, or

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

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227: Withdrawal of demand notice, or

“A Labour Inspector can cancel a demand notice, but they can still give a new one for the same issue.”

Part 11 General provisions
Demand notices

226Authority to determine objection

  1. The function of the Authority in respect of an objection is to determine whether or not the whole or part of the wages or holiday pay or other money specified in the notice is due to the employee by the employer and, if so, the amount payable.

  2. A determination by the Authority that any wages or holiday pay or other money is due is enforceable as a judgment debt under section 141 (which applies with any necessary modifications).