Unpaid wages: Taking action to get your pay
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 or a government labour inspector can apply to the ERA for it to order your employer to pay the money you’re owed. You have to apply within six years after the date when the wages should have been paid (see: “The legal process for dealing with employment problems”).
If you’ve been paid less than the minimum wage, you can also ask the ERA to make your employer pay a monetary penalty. If the ERA does this, it can order the employer to pay some or all of the penalty to you.
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, like a labour inspector) 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.
