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Wages Protection Act 1983

11A: Proceedings by Labour Inspector or worker to recover arrears of wages from person involved in failure to comply

You could also call this:

"Getting unpaid wages back from someone who broke the rules"

Illustration for Wages Protection Act 1983

If you are a worker and you have not been paid the wages you are entitled to, you can take action to get the money you are owed. You can do this if the unpaid wages are because someone did not follow the rules of the Wages Protection Act. The person you can recover the wages from is someone who was involved in not following the rules. You can recover the wages from this person if you are entitled to the wages under the Act and your employer cannot pay you. A Labour Inspector or you can also recover any premium paid in breach of section 12A from a person involved in non-compliance with that section. To recover the premium, you need to get permission from the Authority or court first, and only if your employer cannot pay the premium. Someone is involved in non-compliance if they would be treated as a person involved in a breach within the meaning of section 142W of the Employment Relations Act 2000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803307.

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11AProceedings by Labour Inspector or worker to recover arrears of wages from person involved in failure to comply

  1. A Labour Inspector or a worker may recover from a person who is not the worker’s employer any arrears of wages that the worker is entitled to if—

  2. the worker is entitled to the wages under this Act; and
    1. the wages are unpaid due to non-compliance with this Act; and
      1. the person from whom the wages are sought to be recovered is a person involved in the non-compliance.

        1. However, unpaid wages may be recovered under subsection (1) only,—

        2. in the case of recovery by a worker, with the prior leave of the Authority or court; and
          1. to the extent that the worker’s employer is unable to pay the wages.

            1. A Labour Inspector, worker, or person concerned may recover from a person involved in non-compliance with section 12A any premium paid in breach of that section.

            2. However, a premium may be recovered under subsection (3) only,—

            3. in the case of recovery by a worker or person concerned, with the prior leave of the Authority or court; and
              1. to the extent that the employer concerned is unable to pay the premium.

                1. For the purposes of subsections (1) and (3), a person is involved in the non-compliance if the person would be treated as a person involved in a breach within the meaning of section 142W of the Employment Relations Act 2000.

                Notes
                • Section 11A: inserted, on , by section 9 of the Wages Protection Amendment Act 2016 (2016 No 12).