Part 8Strikes and lockouts
Rights of union in relation to specified pay deductions
95GResolution of problem relating to specified pay deduction
This section applies if an employee or group of employees considers that the employer has—
- 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):
- failed to comply with section 95F.
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.
However, if the notice concerns the application or calculation of the specified pay deduction, the notice may be given only if—
- the union has complied with section 95E; and
- either—
- the employer has failed to comply with section 95F; or
- the employer has complied with section 95F and the employee or group of employees has considered the information and explanation provided.
- the employer has failed to comply with section 95F; or
The union must provide the notice—
- in writing; and
- 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.
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).