131 Arrears

(1)

Where—

(a)

there has been default in payment to an employee of any wages or other money payable by an employer to an employee under an employment agreement or a contract of apprenticeship; or

(b)

any payments of any such wages or other money has been made at a rate lower than that legally payable,—

the whole or any part, as the case may require, of any such wages or other money may be recovered by the employee by action commenced in the prescribed manner in the Authority.

(1A)

The Authority may order payment of the wages or other money to the employee by instalments, but only if the financial position of the employer requires it.

(2)

Subsection (1) applies despite the acceptance by the employee of any payment at a lower rate or any express or implied agreement to the contrary.

(3)

Subsection (1) does not affect any other remedies for the recovery of wages or other money payable by an employer to any employee under an employment agreement or a contract of apprenticeship.

Compare: 1991 No 22 s 48(1)

Section 131(1A): inserted, on 1 December 2004, by section 43 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).