Employment Relations Act 2000

Strikes and lockouts - Rights of union in relation to specified pay deductions

95G: Resolution of problem relating to specified pay deduction

You could also call this:

"Fixing mistakes with money taken from your pay"

If you think your employer has made a mistake with a pay deduction, you can ask your union for help. Your union must tell your employer about the problem in writing, and they must do this as soon as possible. Your union and employer will try to fix the problem, and if they can't, they might use mediation to help them agree.

If your employer didn't follow the rules, like those in section 95F, your union can give them notice of the problem. But if the problem is with how the pay deduction was calculated, your union can only give notice if they have already followed the rules in section 95E.

If your employer and union still can't agree, your union can take the problem to the Authority, following the rules in section 158.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1455439.


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95F: Employer must respond to request for information about application or calculation of specified pay deduction, or

"Employers must give information about pay deductions when asked, in writing, as soon as possible."


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95A: Meaning of partial strike and specified pay deduction, or

"This part explains what it means when workers partly stop working and how their pay might be cut."

Part 8Strikes and lockouts
Rights of union in relation to specified pay deductions

95GResolution of problem relating to specified pay deduction

  1. This section applies if an employee or group of employees considers that the employer has—

  2. incorrectly applied, notified, calculated, or recovered a specified pay deduction in relation to that employee or those employees (including incorrectly notified recovery of an overpayment):
    1. failed to comply with section 95F.
      1. The union, on behalf of that employee or those employees, must give the employer notice of that fact, and the matter must be dealt with as an employment relationship problem.

      2. However, if the notice concerns the application or calculation of the specified pay deduction, the notice may be given only if—

      3. the union has complied with section 95E; and
        1. either—
          1. the employer has failed to comply with section 95F; or
            1. the employer has complied with section 95F and the employee or group of employees has considered the information and explanation provided.
            2. The union must provide the notice—

            3. in writing; and
              1. as soon as is reasonably practicable after the union becomes aware that the employee or group of employees considers that the employer has incorrectly applied, notified, calculated, or recovered a specified pay deduction or failed to comply with section 95F.
                1. If the employer and the union are unable to resolve the problem (including by way of mediation), the union may lodge an application with the Authority in accordance with section 158.

                Notes
                • Section 95G: inserted, on , by section 9 of the Employment Relations (Pay Deductions for Partial Strikes) Amendment Act 2025 (2025 No 35).