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Recovery of monies owed by employer

How can I recover money my employer owes me?

The most effective way to recover money owed by an employer is to raise the issue with the employer directly, so that the employer is clear about the issue and can either make the payment or respond to the employee if there is some disagreement about it.

If that discussion does not resolve the issue, then an employee has three options to recover money owing, depending on the nature of the money that is owed. They can:

  • Pursue the matter through the Department of Labour's Labour Inspectors. Labour Inspectors are able to enforce an employee's minimum entitlements such as annual leave, sick leave, public holidays and minimum pay. Click Here for information on the minimum wage.
  • Seek mediation assistance from the Department of Labour for these and any other matters related to employment. Mediation is a free and impartial service that helps employers and employees resolve disagreements.
  • If mediation is unsuccessful, an employee may file with the Employment Relations Authority for a recovery action. There is a charge for this service, that the employee must pay in advance. The Authority has the power to enforce employment agreements and entitlements, for example unpaid commission. Employers and employees who have not tried mediation first are likely to be directed or referred to mediation by the Authority.

Date Modified: Wednesday, 30 May 2012

Disclaimer: The content on this website covers common problems. It will not answer every question and should not be used as a substitute for legislation or legal advice.State sector employers and employees may be affected by some differences in the laws that apply to them (e.g. State Sector Act 1988).The Department of Labour takes no responsibility for the results of any actions taken on the basis of information on this website, nor for any errors or omissions.

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