New Zealand Law

Have New Zealand Law Questions? Ask a Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

New Zealand Law
This answer was rated:

If a government department has been making an error in my pay

If a government department has...

If a government department has been making an error in my pay since June 16 th 2003 1 Do they have to pay the wages missed 2 How far back do they have to go..... I have been employed by a government department since june 16 2003. I expected them to pay me at the correct rate so didn't really examine the payslips until recently when the words "ungraded step 9" started to appear and I realised that something must be wrong. (I've been teaching over 20years) I spoke to our payroll administrator and he made me complete a form for salary assessment. This form came back indicating what my pay should have been and showing that there were errors to the amount of around $3145 per year but only went back to 10 june 2006. I was wondering if they pay us incorrectly 1 do they have to correct our pay 2 How far back should the corrections be made

Show More
Show Less
Ask Your Own New Zealand Law Question
Answered in 44 minutes by:
6/25/2013
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,316
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

This may be an error they are going to have to consider carefully in terms of fairness. You may be aware of the Air New Zealand case where a worker overpaid did not have to repay because he changed his position in reliance on the payslips being correct.

christhelawyer :

The note of the case says

christhelawyer :

*Foai v Air New Zealand Ltd [2012] NZEmpC 57 [Judge Ford, 4 April 2012] -


Successful challenge. Plaintiff overpaid by defendant for 16 months. Defendant made claim in restitution for repayment. Plaintiff queried his pay on several occasions but overpayments were not corrected. Court held that defendant had not made out a mistake of fact needed for its claim of unjust enrichment to succeed. In addition, both defences advanced by the plaintiff successful. Equitable defence of change of position succeeds as the plaintiff, in good faith, changed his position in a way that would be inequitable to now order repayment. And plaintiff's s 94B Judicature Act 1908 defence succeeds because plaintiff, in good faith, altered his position in reliance on the validity of the payments and, having regard to the equities, it would be inequitable to compel repayment.(PDF 264KB)

christhelawyer :

This may well apply to your situation

Customer:

this doesn't really help me

Customer:

I am disappointed to say this but your answer doesn' really help me.. I have not been overpaid I have been underpaid. (about 3145 per year since 2003.)

christhelawyer :

I am sorry, I assumed that it was overpayment

christhelawyer :

That is an entirely different matter of course.

christhelawyer :

Unfortunately the Limitation Act 2010 restricts claims to the last 6 years, and I expect that is why they have just gone back to 2006.

christhelawyer :

However you can claim for interest on the arrears as well, and possibly some compensation on top for the error

Customer:

I am sorry to say this answer doesn't really help me. I have not been overpaid I have been underpaid as somehow my grading was listed incorrectly when I changed schools in June 2003. I asked for my grading to be checked but when they checked it and found errors they only went back to june 2007 (not to june 2003)

Customer:

Thankyou Chris

Customer:

Sorry to repeat myself... I didn't realise that the information was going to you before I pushed send ...This is much more helpful

Customer:

Many Thanks

Customer:

M

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,316
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified
Chris The Lawyer and 87 other New Zealand Law Specialists are ready to help you
Ask your own question now
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23,316
23,316 Satisfied Customers
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

Chris The Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Chris The Lawyer

Chris The Lawyer

Lawyer

23,316 satisfied customers

38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

serish khan

serish khan

Lawyer

58 satisfied customers

Solicitor/Partner at Khan & Associates

LawNZ

LawNZ

Other

31 satisfied customers

Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

< Previous | Next >

Related New Zealand Law Questions
A house has been built next door at the rear of a section.
A house has been built next door at the rear of a section. When they put the driveway in (alongside our driveway) they dug down so far there is a big drop from our driveway (shared with a 2nd unit) an… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,316 satisfied customers
I have ordered goods online and charged to my credit card.
Second opinion] I have ordered goods online and charged to my credit card. The websites promised to deliver the goods within 2 weeks but it has been 4 weeks now and I did not even get a response when … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,316 satisfied customers
I have ordered goods online and charged to my credit card.
I have ordered goods online and charged to my credit card. The websites promised to deliver the goods within 2 weeks but it has been 4 weeks now and I did not even get a response when I contacted the … read more
serish khan
serish khan
Lawyer
Bachelor
58 satisfied customers
I've set up a business to do IT consultancy. What's a good
I've set up a business to do IT consultancy. What's a good place to get a generic contract from, so I'm able to use it when preparing quotes etc?… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,316 satisfied customers
I have two former clients who both owe money to me (one
Hi Chris, I have two former clients who both owe money to me (one successful court judgement) both have moved so as I can't follow them. The community paper has previously been used to chase people on… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,316 satisfied customers
I need to know about the legal and legit and lawfulness of a
Second opinion] i need to know about the legal and legit and lawfulness of a royalbirthmark of king jesus and what it can do for me and how it can act for me as i used to have one since approx 91 eg c… read more
serish khan
serish khan
Lawyer
Bachelor
58 satisfied customers
Have a charge of breach of protection order. Has been
Have a charge of breach of protection order. Has been remanded until early Feb while I seek legal advice. Breach was regarding 3 texts sent. Have seen texts, but not the whole conversation in context.… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,316 satisfied customers
I am currently trying to track down someone who can help me
Hi I am currently trying to track down someone who can help me get the keys to the apartment that i am renting. I signed the lease on 4th January and the real estate agent Jennifer Mattlin is withhold… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,316 satisfied customers
I have a complex issue I'm looking for advice on. My mother
Hello I have a complex issue I'm looking for advice on. My mother and her husband of 13 years immigrated to NZ in 2016 through the parents residence visa. They were sponsored by my step brother Brad. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,316 satisfied customers
I got a daughter whose 4 years old that stay with the mum
I got a daughter whose 4 years old that stay with the mum and pay child maintenance and extras , I just found out that the mum is in fincial trouble and been asked to move out from there rental place … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,316 satisfied customers
I have an international distributor agreement for NZ(non
I have an international distributor agreement for NZ(non exclusive) that prevents me from representing other similar products for a 12 month period if a resign, how strong is this type of law in NZ if… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,316 satisfied customers
I have paid a India company for work, i know silly. I have
I have paid a India company for work, i know silly. I have been scammed, but I am now being threaten by them as i have reported them to paypal there legal notice sent was this IN THE COURT BLAME AMOUNT 500000 NZD AFTER CUSTODY FOR THE CONTENT WRIGHT CASE SECTION CHARGE NZ56987. Which I have no idea what that means. This company outright lied on their website, and that was the agreement I believed when their took payment that made it a legal binding case. Their will not give me details on their company, their state it was on the stock exchange but surprize it isnt . Because I have laid a complain stated the factual details of my experience with this unprofessional company their believe their have a case against me. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,316 satisfied customers
Is there a lawyer recommended to stop house foreclosure
Hi there, is there a lawyer recommended to stop house foreclosure sales in Auckland? … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,316 satisfied customers
When I was 16 I indecently assaulted a woman in the middle
When I was 16 I indecently assaulted a woman in the middle of the night. When I was 17 she laid a complaint with the police. 8 months later (about 10 days after my 18th birthday) the police called me … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,316 satisfied customers
Can you help with family law matters. Is this usa, i am in
hi there can you help with family law matters JA: What state are you in? It matters because laws vary by location. Customer: is this usa, i am in auckland nz JA: Has anything been filed or reported? C… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,316 satisfied customers
Is the maximum length of time for a rental lease no more
Is the maximum length of time for a rental lease no more than 12 months at a time in New Zealand? … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,316 satisfied customers
I have old assault convictions and impaired driving
I have old assault convictions and impaired driving convictions all close to 20 years old . How can I get a good character waiver as I would like to visit family in March.… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,316 satisfied customers
I will start with the brief background and my question to
Hi, I will start with the brief background and my question to follow after that. Second part of December I was arrested for MATH charges, my partner went to the hospital as she "suffered broken neck" … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,316 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x