Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

General provisions - Actions to recover wages or holiday pay, etc

228: Actions by Labour Inspector

You could also call this:

“A Labour Inspector can start a legal case to help workers get the money they're owed from their boss.”

A Labour Inspector can start a legal action for an employee to get back money that an employer owes them. This includes wages, holiday pay, or other money that should be paid under the Minimum Wage Act 1983 or the Holidays Act 2003.

If the Labour Inspector starts this kind of action, they can’t do two other things for the same money: they can’t give an improvement notice under section 223D or serve a demand notice under section 224.

The rules in Sections 131 and 132 also apply to these actions, but they might be changed a bit to fit this situation.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61454.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
Previous

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.”

Next

229: Powers of Labour Inspectors, or

“Labour inspectors can check workplaces, talk to people, look at records, and ask questions to make sure employers follow the rules.”

Part 11 General provisions
Actions to recover wages or holiday pay, etc

228Actions by Labour Inspector

  1. A Labour Inspector may commence an action on behalf of an employee to recover any wages or holiday pay or other money payable by an employer to that employee under the Minimum Wage Act 1983 or the Holidays Act 2003.

  2. If a Labour Inspector commences an action under subsection (1), the Labour Inspector must not issue an improvement notice under section 223D or serve a demand notice under section 224 in respect of the same wages or holiday pay or other money.

  3. Sections 131 and 132 apply, with the necessary modifications, to actions commenced under subsection (1).

Notes
  • Section 228(1): replaced, on , by section 7(1) of the Fair Pay Agreements Act Repeal Act 2023 (2023 No 65).
  • Section 228(2): substituted, on , by section 38 of the Employment Relations Amendment Act 2010 (2010 No 125).