Wages Protection Act 1983

11 Recovery of wages

(1)

Subject to subsections (2) and (3), a worker, or a Labour Inspector on behalf of a worker, may recover from that worker’s employer, by action in the Employment Relations Authority, established by the Employment Relations Act 2000, in the prescribed manner,—

(a)

any deduction made (otherwise than pursuant to section 6) by that employer from wages that have been paid, or but for that deduction would have been paid, by that employer to that worker, if—

(i)

that deduction was not consented to, or requested by, that worker in writing; or

(ii)

the making of that deduction was consented to, or requested by, that worker in writing; but the consent or request concerned was obtained by threat of dismissal, or otherwise by duress:

(b)

an amount equal to any wages required by section 7 to be paid to that worker in money, if that employer paid those wages to that worker otherwise than in money.

(2)

No action under subsection (1) shall be brought after the expiration of 6 years from the date on which the cause of action concerned arose.

(3)

No such action shall be brought in respect of any cause of action that arose more than 2 years before the commencement of this Act.

Compare: 1964 No 58 ss 4(2), 7(2), 8

Section 11 heading: replaced, on 1 April 2016, by section 8(1) of the Wages Protection Amendment Act 2016 (2016 No 12).

Section 11(1): amended, on 1 April 2016, by section 8(2) of the Wages Protection Amendment Act 2016 (2016 No 12).

Section 11(1): amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).