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Employment problems? Know your rights

February 14, 2019

If your employer hasn’t paid you your wages or has paid you less than the agreed minimum wages or less than the amount stated in your employment agreement, you can apply to the Employment Relations Authority for it to order your employer to pay the money owed to you.  You must apply no later than six years after the date when the wages should have been paid.  If you have been paid less than the minimum wage, you can also ask the Employment Relations Authority to order the employer to pay some or all of the penalty to you.

 Employment Relations Act 2000 ss131, 142, Minimum Wage Act 1983, ss10 and 11
If an employment problem arises between you and your employer, you should firstly talk to your employer to see if the matter can be resolved between you and the employer in good faith.  If the matter cannot be resolved between you and the employer, you can either ask the labour inspector for help or get an experienced employment lawyer to represent you.  


Your lawyer can request to see your pay and time records for any period in the last six years and your employer must provide a copy or allow your lawyer access to those records pursuant to s130 of the Employment Relations Act 2000.  


Your lawyer can help file an application for mediation where you and the employer appear in front of a neutral person (the mediator) to try and resolve the matter.  If the matter is not resolved via mediation, your lawyer can take the matter to the Employment Relations Authority for an investigation hearing.  If the matter is not resolved in the Employment Relations Authority, the matter will proceed to the Employment Court. 

 


 

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