Lack of records sinks employer…

The Employment Relations Authority has upheld a grievance for unpaid wages and holiday pay when there was a disagreement between the employee and the employer as to the hours worked.  The employer failed to provide a compliant set of records showing the hours worked and wages paid.  In those circumstances the Employment Relations Authority is able to accept the claims made by the employee without any written proof.  Therefore the employer was held liable for short paid wages as it had not paid all of the hours the employee claimed.  It was also liable to pay the Statutory Holidays which the employee had claimed and for the alternative holiday for working on the Statutory Holiday.  The employer had also not paid the employee any holiday pay. 

The onus is on the employer to record all of the hours worked and wages paid and a failure to keep adequate records puts the employer on the back foot when it comes to defending any claims for unpaid or short paid wages and holiday pay.  It pays to get your record keeping compliant with the law.

Alan Knowsley

Employment Lawyer Wellington