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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22314
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I was paid some money 18 months ago and told at the time the

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I was paid some money 18 months ago and told at the time the it was back pay as I had been underpaid. Now I am told that it was an over payment. Do I legally have to pay this back?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
Normally if you are overpaid, you do have an obligation to repay this. But if you were told that it was back pay, and have spent the money in reliance on their representation being correct, there is also an argument for saying you should not have to repay this. There was a case with Air New Zealand where this happened, and the worker was not required to repay the money because he relied on his employers representations that the payment was correct. Sometimes employers can make your life difficult unless you repay, but you can say, you have spent the money relying on them being able to calculate this correctly.

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