--- title: Pay and Wage Disputes description: Pay and Wage Disputes. Missing wages or illegal deductions? Solidarity Employment Advocacy helps recover unpaid wages and resolve pay disputes lawfully. --- [Skip to content](https://solidarityemploymentadvocacy.com/pay-and-wage-disputes#main-content) [![Solidarity Employment Advocacy Logo Banner Auckland New Zealand](https://solidarityemploymentadvocacy.com/hs-fs/hubfs/SEAL%20Logo%20Banner.png?width=1584&height=396&name=SEAL%20Logo%20Banner.png)Homepage](https://solidarityemploymentadvocacy.com/) - [Home](https://solidarityemploymentadvocacy.com) - [Services](https://solidarityemploymentadvocacy.com/services) - [Overview](https://solidarityemploymentadvocacy.com/services) - [How We Support Employees with Employment Disputes](https://solidarityemploymentadvocacy.com/services#how-we-support-employees) - [Employment Matters We Specialise In](https://solidarityemploymentadvocacy.com/services#employment-matters-we-specialise-in) - [Unfair Treatment At Work](https://solidarityemploymentadvocacy.com/unjustified-disadvantage) - [Unfair Dismissal](https://solidarityemploymentadvocacy.com/unjustified-dismissal-nz) - 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Wages not paid. Employer not paying correctly. Minimum Wage. Unpaid Overtime.](https://solidarityemploymentadvocacy.com/hubfs/25_.webp "Pay Disputes. Wages not paid. Employer not paying correctly. Minimum Wage. Unpaid Overtime.") # Pay and Wage Disputes ### What It Is Pay and wage disputes arise when employees are not paid correctly for all hours worked, receive below-minimum wages, are denied overtime, or have unlawful deductions made from their pay. Common issues include: - Being paid below the Minimum Wage Act 1983 rate. - Unpaid meetings, training, or overtime. - Employer withholding or deducting wages without written consent. - Miscalculated holiday pay under the Holidays Act 2003. - Employers failing to record actual hours or keep wage/time records. Under New Zealand law, employees must be paid at least the minimum wage for every hour worked, and wage deductions must be consensual and lawful. ### Your Rights and the Law - **Minimum Wage Act 1983 s 6** – Employers must pay at least the prescribed minimum hourly rate for every hour worked. - **Wages Protection Act 1983 s 5** – Deductions from pay are unlawful unless the employee gives **written consent**. - **Holidays Act 2003 ss 16–71** – Requires correct calculation of annual leave, public holidays, and pay for closedowns. - **ERA 2000 s 130** – Employers must keep accurate wage and time records; failure to do so is an offence. - **ERA 2000 s 4** – Employers must act in good faith and be transparent about pay calculations and deductions. - **A Labour Inspector v Smiths City Group Ltd \[2020\] NZEmpC 55** – Leading case establishing that pre-shift meetings count as paid work. - **Just Hotel Ltd v A Labour Inspector \[2023\] NZEmpC 80** – Confirmed penalties for employers who underpay or withhold information from Labour Inspectors. ### Process (How a Case Proceeds) 1. **Collect Evidence** – Payslips, rosters, bank statements, contracts, and correspondence. 2. **Write to Employer** – Request clarification and rectification of any discrepancies. 3. **Raise a Personal Grievance (PG)** – Within 90 days if you’ve been disadvantaged or underpaid (ERA s 103(1)(b)). 4. **Mediation** – The Ministry of Business, Innovation & Employment (MBIE) provides free mediation to seek early resolution. The process is voluntary and both parties must agree to attend. Most cases reach resolution at Mediation. 5. **Employment Relations Authority Investigation** – If unresolved, a Statement of Problem is filed; the Authority investigates and issues a written determination. 6. **Employment Court Appeal** – Possible for errors of law or procedure. 7. **Parallel Labour Inspector Involvement** – Inspectors can investigate breaches, enforce payments, and impose penalties. ### Potential Outcomes / Remedies - **Payment of arrears and interest**. - **Penalties** for breach of minimum-wage and record-keeping obligations. - **Compensation** for humiliation or loss of dignity (ERA s 123). - **Compliance orders** to maintain proper wage and time records. - **Penalties** for serious or deliberate underpayment. ### Take Action Today If your employer has underpaid you, made deductions, or refused to pay for all hours worked, you may have a strong pay or wage dispute claim. [Get in touch with us](https://d.docs.live.net/89efc045ef4485f9/Documents/solidarityemploymentadvocacy.com/contact) to arrange a no-obligation consultation about your situation. We’ll assess your case, explain your options, help gather evidence, request your employment file, and help you pursue the justice and compensation you deserve. 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