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 help you get paid if your employer owes you money."

If you are an employee, a Labour Inspector can start an action to help you get any wages or holiday pay you are owed. This is done under the Minimum Wage Act 1983 or the Holidays Act 2003. The Labour Inspector will act on your behalf to recover the money you are owed.

When a Labour Inspector starts this action, they cannot issue an improvement notice under section 223D or serve a demand notice under section 224 for the same wages or holiday pay. This means the Labour Inspector has to choose one way to help you get your money.

If a Labour Inspector starts an action to help you, sections 131 and 132 of the law will apply to the action, with some changes to fit your 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 It might be out of date or be missing some parts.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.

This page was last updated on

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


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

"What Labour Inspectors can do to help protect workers' rights"

Part 11General 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).