Communtity Law Manual | Employment: Resolving problems | Unpaid wages: Taking action to get your pay

Unpaid wages: Taking action to get your pay

Overview

What can I do if I’m not paid the wages owed to me?

Employment Relations Act 2000, ss 131, 142; Minimum Wage Act 1983, ss 10, 11

If your employer hasn’t paid you your wages, or has paid you less than the minimum wage 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 you’re owed (see “see “The legal process for dealing with employment problems / Taking your case to the Employment Relations Authority” in this chapter). You must apply no later than six years after the date when the wages should have been paid.

If you’ve been paid less than the minimum wage, you can also ask the Authority to make your employer pay a monetary penalty. If the Authority does this, it can order the employer to pay some or all of the penalty to you (see the chapter “Employment conditions and protections”, under “What this chapter covers / Tougher new enforcement measures”).

Can I see my employer’s pay and time records?

Employment Relations Act 2000, s 130

Employers must keep wages and time records. If you (or someone you’ve authorised to represent you) ask to see those records for any period in the last six years, your employer must provide a copy or allow you (or your representative) to see the relevant records.

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