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142ZA: Conduct of directors, employees, or agents attributed to body corporate or other principal
or “A company or boss can be held responsible for what their workers or helpers do when acting for them.”
You could also call this:

“This explains when you can use special reasons to defend yourself if you're accused of not giving workers what they're legally owed.”

You should know about some defences that can be used in certain legal proceedings. These defences are described in [sections 142ZC and 142ZD]. They can be used when someone has broken a rule about minimum entitlements at work.

These defences can be used in different types of legal actions:

  1. When someone is trying to get back wages or other money they’re owed. This can be done under [section 142Y] of this law, [section 77A] of the Holidays Act, [section 11AA] of the Minimum Wage Act, or [section 11A] of the Wages Protection Act.

  2. When someone is trying to get a penalty paid. This can be done under [section 135] of this law, [section 76] of the Holidays Act, [section 10] of the Minimum Wage Act, or [section 13] of the Wages Protection Act.

  3. When someone applies for a pecuniary penalty order under [section 142E].

  4. When someone applies for a compensation order under [section 142J].

  5. When someone applies for a banning order under [section 142M(1)(a)].

These defences can be used in all of these types of legal proceedings when they’re about breaking minimum entitlement rules.

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Next up: 142ZC: Defences for person in breach

or “Ways a person can defend themselves if they break rules about paying workers fairly”
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Part 9A Additional provisions relating to enforcement of employment standards
Defences relating to breach of minimum entitlement provisions

142ZBProceedings in which defences apply

  1. The defences described in sections 142ZC and 142ZD apply to the following proceedings in relation to a breach of a minimum entitlement provision:

  2. an action to recover wages or other money under section 142Y of this Act, section 77A of the Holidays Act 2003, section 11AA of the Minimum Wage Act 1983, or section 11A of the Wages Protection Act 1983:
    1. an action to recover a penalty under section 135 of this Act, section 76 of the Holidays Act 2003, section 10 of the Minimum Wage Act 1983, or section 13 of the Wages Protection Act 1983:
      1. an application under section 142E for a pecuniary penalty order:
        1. an application under section 142J for a compensation order:
          1. an application under section 142M(1)(a) for a banning order.

            Notes
            • Section 142ZB: inserted, on , by section 19 of the Employment Relations Amendment Act 2016 (2016 No 9).