other actions you can take
under the Employment Relations Act

For all applications to the Employment Relations Authority, there is an application fee of $70.

Recovery Action

You can take action in the Authority to recover money from your employers if they have:

• not paid you your wages; or
• paid you less than the rate of wages you agreed to in your employment agreement; or
• not paid you any other allowance or money due to you under your employment agreement or paid you less than the amount due;
• paid you less than the minimum wage;
• not paid you any annual holiday pay, either at the time they took their holidays or when their employment ended, or paid you less th an you think you are entitled to; or
• not paid you for a statutory or public holiday; or
• not paid you for special leave; or
• deducted any money from your pay which they are not authorised to deduct (other PAYE tax, child support payments, or other monies that you have authorised your employer to deduct, such as health insurance, union fees, etc.)

If both parties agree, mediation could also be an option. Mediators are employed by the Employment Relations Service to help employers and employees come to an agreement regarding a dispute. They do not advocate for any one party. Mediation is a free service. If the parties reach a settlement, the mediator can make the agreement binding by signing it.

Labour Inspectors can act and recover money for you only if your employer has breached the Holidays Act or Minimum Wage Act. If your employer is not giving or paying you what those acts require, contact the Workplace Contact Centre (http://www.ers.dol.govt.nz/help/index.html).

The Holidays Act 2003 came into force on 1 April 2004, which has improved the rights of employees in certain areas. The details of the Holidays Act 2003 can be found at http://www.ers.dol.govt.nz/holidays_act_2003/.

You cannot take a recovery action in the Employment Relations Authority to reclaim any private debt you may have with your employer (for example, where you are owed money by your employer outside your employment relationship). You need to refer this sort of thing to your nearest District Court.

Penalty Action

Any party can take a penalty action in the Authority if either party has :

• breached your employment agreement by not doing what the agreement says; or
• breached any part of the Employment Relations Act 2000 (ERA) for which a penalty in the Authority is provided in the particular provision i.e. not keeping a wage and time record.

Every person liable for a penalty under the ERA is liable for a maximum of -

• $5,000 in the case of an individual
• $10,000 in the case of a company

With respect to the Holidays Act, Minimum Wage Act or Wages Protection Act, Labour Inspectors can seek a penalty on your behalf if appropriate.

Compliance Order

You can apply to the Authority for a compliance order if your employer/employee fails or refuses to observe or comply with:

• any provision of an employment agreement; or
• Part 1, Part 3 to 7 or Part 9 of the ERA, such as provision of written agreements or keeping wage and time records; or
• the Minimum Wage Act, such as paying you less that the adult or youth minimum wage; or
• the Holidays Act, such as not paying you for the holidays you are entitled to be paid for; or
• any order, determination or requirement made or given by the Authority or of an officer of it.

A compliance order if granted will require an employer/employee to comply with the terms or your employment agreement or the law.