For eighteen months my employer overpaid my base salary. Two…

Happy to continue to wait.

Thank you for your response. I am not sure I gave the full picture on the secondment role. The secondment offer was due to the position I was in being made redundant at short notice. The secondment position was at higher grade than the role I was in. At the time I signed offer with out seeking a second option. The detail in the letter around pay I failed to fully understand. I never realised until Aug 12 that this secondment impacted on my super. Now I realise this was the situation it was noted in the secondment letter but never explained. I also never agreed to a go on new employment agreement but did agree to the secondment. The employer has changed the terms around super and is pushing for all staff to move towards the new employment agreement conditions. After taking up the secondment role (which was in a different location) I was sent two employment agreement offers of the new employment agreement. Both these offers stated my salary at the base salary I was being paid. The first offer was sent two weeks after my salary was amended to the secondment position. Second offer was received 13 months later. This offer also stated my salary at what was being paid. The employment agreeement offers QUOTE"5.2% of your salary outside of your TR as a grand parent provision whilst you remain in your current position on your exisitng IEA"UNQUOTE. The employer is requesting reimbursement of the 5.2% and at this point in time will not take in to consideration that I was sent two employement offers with the base salary that matched what I was being paid. As I signed the secondment offer which I now realise changed the base salary and then received two offers that matched what I was being paid. The second offer I received I signed that I would not except the offer of moving to a Total Remuneration (TR) which included the 5.2%. I am now finished my secondment and back in the original role. This position was reestablished at lower pay rate and you have to accept the new employment agreement. The option of redundancy was still available. I presume if I leave they will deduct the 5.2% from my final pay. I have read the outcome of the employment court in Foai V Air NZ LTD 2012. In this case Foai claimed he received his wages in good faith. The court said in order for Air NZ to succeed in an action for restitution based on mistake of fact, an employer must be able to identify a specific mistake of fact that was directly causually related to the payment of the money. From reading your response I should not treat this as an overpayment of salary as I was paid the correct salary. By signing the secondment offer should the employer used this to reduce my base salary by 5.2%? If by signing this did I agree to this to happen? am I liable to pay it back? By receiving two employment offers which clearly state the 5.2% was outside my TR does this negate what was in the secondment offer? I signed the second offer to stay with a TR with 5.2% outside my salary. Thank you