The Employment Relations Authority has upheld a claim for short paid wages, Kiwisaver and holiday pay.  The employee claimed that she had not been paid her base salary, nor had she been paid for extra hours worked following the departure of another employee.  She claimed she worked 70 hours per week for a four week period instead of her contracted 30 hours.

The employer denied that the employee had been short paid and denied that the employee had worked the additional hours. However, the employer was not able to produce any wage and time records to back up their claim as to what the employee had worked or had been paid.

The employer was ordered to pay $7,000 short paid wages and Kiwisaver contributions plus holiday pay to be calculated.

The Employment Relations Authority is obliged to accept a claim by an employee if they have been hampered in the preparation of their claim by the lack of records from the employer.  It pays to keep full wage and time records to be able to show what the employee was paid and how many hours they worked.  A failure to do so can prove very expensive.

Alan Knowsley

Employment Lawyer