Logo
BCG Law Ph: 0800 83 83 83
Employment Law

Unpaid Wages

If your employer has failed to pay you correctly โ€” whether through withheld wages, unpaid overtime, or incorrect holiday pay โ€” you have legal remedies available. We can help you recover what you are owed.

  • Wage theft is unlawful and taken seriously by the courts
  • You may be entitled to penalties in addition to unpaid amounts
  • Claims can be made even after you have left employment

Get free advice today

What counts as unpaid wages?

Unpaid wages covers a broad range of situations where an employer has failed to pay an employee what they are legally entitled to. This includes failure to pay the agreed wage or salary, unpaid overtime, incorrect holiday pay calculations, failure to pay minimum wage, unlawful deductions from wages, and failure to pay final wages on termination of employment.

In New Zealand, employees are protected by the Minimum Wage Act, the Holidays Act, and the Employment Relations Act. Breaches of these Acts can be pursued through the Employment Relations Authority, which has the power to order repayment of unpaid wages plus penalties against the employer.

Did you know?

The Employment Relations Authority can order your employer to pay a penalty of up to 0,000 for wage and holiday pay breaches, in addition to the unpaid amounts owed to you.

Talk to us today

How we can help you

We provide clear, practical advice and strong representation throughout your case.

Free assessment

We review your situation and give you an honest assessment of your legal options and the strength of your case.

Raise a grievance

We prepare and submit a formal personal grievance to your employer within the 90 day deadline.

Mediation support

We represent and support you throughout the mediation process to achieve the best possible outcome.

Tribunal representation

If mediation fails, we represent you before the Employment Relations Authority or Employment Court.

Compensation

We pursue the remedies available to you including lost wages, compensation for distress, and reinstatement where appropriate.

Ongoing advice

We keep you informed at every stage and are available to answer your questions throughout the process.

What the process looks like

Here is what to expect when you work with us on your case.

01

Free consultation

We start with a no obligation conversation to understand your situation and advise whether you have a viable case.

02

Gather evidence

We help you identify and compile the evidence needed to support your claim.

03

Raise a grievance

We prepare and send a formal grievance letter to your employer clearly setting out the basis of your claim.

04

Employer response

Your employer has the opportunity to respond. We review their position and advise on next steps.

05

Mediation

A mediator facilitates a confidential discussion between both parties. Most cases settle at this stage.

06

Resolution

Whether through settlement or a formal determination, we work to achieve the best possible outcome for you.

Restrictions & disqualifiers

There are some situations where a claim may be more difficult to pursue. We encourage you to seek advice before ruling out your options.

90 day time limit

You must raise your personal grievance within 90 days of the act or omission. This deadline is strict and missing it will likely end your claim.

Contractor status

If you were engaged as an independent contractor rather than an employee, the employment law protections may not apply in the same way.

Evidence

The strength of your case may depend on the evidence available. We can advise you on what evidence is needed and how to obtain it.

Contributory behaviour

If your own conduct contributed to the situation, this may reduce the remedies available to you, though it will not necessarily prevent a claim.

Existing agreements

Settlement agreements or deeds of release you have previously signed may affect your ability to raise certain claims. We can review any such documents.

Not sure if you qualify?

Don't rule yourself out before speaking to us. Contact us for a free assessment of your situation and options.

Owed wages you haven't received?

You have worked hard and you deserve to be paid fairly. Contact us today and we will help you recover every dollar you are owed.

Address