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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22322
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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In January this year I requested my salary pay period be

Customer Question

In January this year I requested my salary pay period be changed from monthly to weekly as the company I work for is having financial difficulties and selling it''s premises. There is a high probability I will lose my employment at some stage in the near future. When the payroll administrator did this she didn't update the tax on my weekly income correctly which resulted in me owing the IRD over 7k . I didn't notice the error as tax was being deducted weekly just not at the correct amount. I picked it up when I was checking my Personal income tax for the previous year and noticed I had tax to pay. I have asked my employers to assist as they were at fault and they have refused. Do they have any obligation toward me for their error? I have paid 2,500 toward the shortfall so far to avoid penalties. Also if I have been taxed incorrectly does that mean they have not paid the correct amount of PAYE themselves?
Submitted: 11 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 11 months ago.

You should ask IRD if your employer paid the right amount of tax to them, as it is likely they have not. In this situation, where the mistake is your employers, you could bring a personal grievance claim against them in the Employment Relations Authority, but if they are in financial trouble this could be a hollow victory. That would however be the only effective action against them. You cannot force them to lend the tax or even pay it for you.

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