Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016

Part 2 Payment for travel between clients

Extinguishing claims for travel payments and statutory amendment to employment agreements

8 Certain claims extinguished

(1)

This section applies to—

(a)

any claim by or on behalf of an HCS employee for wages payable under the Minimum Wage Act 1983 for travel between clients lodged but not determined before the commencement of this Act; and

(b)

any potential claim by or on behalf of an HCS employee against an HCS employer, a former HCS employer, a DHB, ACC, or the Crown for wages payable under the Minimum Wage Act 1983 for travel between clients before the commencement of this Act.

(2)

The claim or potential claim cannot be pursued and must be treated as if it had been withdrawn or is incapable of being lodged.

(3)

Without limiting subsection (2), an HCS employee (or any person acting on his or her behalf) cannot—

(a)

name, join, or seek to name or join an HCS employer, a former HCS employer, a DHB, ACC, or the Crown in any civil proceedings relating to liability for wages relating to travel between clients by the employee before the commencement of this Act; or

(b)

apply in any civil proceedings for any remedy or relief from an HCS employer, a former HCS employer, a DHB, ACC, or the Crown for wages relating to travel between clients by the employee before the commencement of this Act.

(4)

This section is subject to section 9.