13 Penalties

(1)

Where—

(a)

any payment is made by or on behalf of any employer in contravention of this Act; or

(b)

any employer or any person on that employer’s behalf contravenes or fails to comply with any of the provisions of this Act,—

that employer, and every person involved in the contravention or failure, is liable to a penalty imposed under the Employment Relations Act 2000 by the Employment Relations Authority.

(2)

A worker or a Labour Inspector may recover a penalty under subsection (1), but the worker may recover a penalty only in relation to the employer.

(3)

For the purposes of subsection (1), a person is involved in the contravention or failure if the person would be treated as a person involved in a breach within the meaning of section 142W of the Employment Relations Act 2000.

Section 13: substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

Section 13(1): amended, on 1 April 2016, by section 11(1)(a) of the Wages Protection Amendment Act 2016 (2016 No 12).

Section 13(1): amended, on 1 April 2016, by section 11(1)(b) of the Wages Protection Amendment Act 2016 (2016 No 12).

Section 13(1): amended, on 1 April 2016, by section 11(1)(c) of the Wages Protection Amendment Act 2016 (2016 No 12).

Section 13(2): inserted, on 1 April 2016, by section 11(2) of the Wages Protection Amendment Act 2016 (2016 No 12).

Section 13(3): inserted, on 1 April 2016, by section 11(2) of the Wages Protection Amendment Act 2016 (2016 No 12).