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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22981
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am in the medical field and I normally get paid by my

Customer Question

Good morning!
I am in the medical field and I normally get paid by my employer on a Wednesday. For the week ending Sunday the 3rd October, I was supposed to be paid on the 7th October but unfortunately there was an administrative error by my manager so I did not get paid.
She contacted our payroll office via email and they said it would be remedied in this weeks pay. However I was not paid this week either for the outstanding week.
I have spoken to my manager many times during the week and she says that payroll does not respond to her emails.
I am so tired and stressed about this issue not getting sorted and do not know what more to do!
Can I take one week off from work in lieu of the week that they have not paid me?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

This is a serious breach of your employment contract, and could lead to you making a personal grievance claim. It does not entitle you to take leave however, although you could tell your employer you need sick leave for the stress this has caused. So you can ask for leave as a remedy for the breach of contract, but there is no requirement they must give this.

Customer: replied 1 year ago.
Thank you for your response. This has happened a few times and I a tired of them not taking this matter seriously!
I was just wondering what the appropriate claim could be for a personal grievance.Kind regards.
Expert:  Chris The Lawyer replied 1 year ago.

No doubt the distress of not getting paid on time when you have your own bills to meet is serious. This would mean that they could be ordered to pay damages and ensure you are paid properly in future. If there are any direct losses such as interest charges by your bank or late fees you can claim these too. I suggest you start by telling them this is serious, and that you will bring a claim unless they sort this, and that you want some compensation for the stress. Then see what the management say. They may realise then that there is a problem