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New Zealand (574) > Wages (22)

Name: Sleepover Wages (Settlement) Act 2011 (No 98, 2011).
Country: New Zealand
Subject(s): Wages
Type of legislation: Law, Act
Adopted on: 2011-10-17
Entry into force:
ISN: NZL-2011-L-88657
Bibliography: Legislation on-line Legislation on-line New Zealand Legislation, Parliamentary Counsel Office, http://www.legislation.govt.nz PDF PDF (consulted on 2011-11-25)
Abstract/Citation: The purposes of this Act are:
(a) to facilitate the settlement of civil proceedings between certain parties about the payment of wages at the minimum rate prescribed under the Minimum Wage Act 1983 to employees who are allowed by their employer to sleep overnight at their workplace while on duty; and
(b) to provide for a staged progression towards full compliance with the Minimum Wage Act 1983 in respect of the wages payable to certain employees who perform sleepovers; and
(c) to provide a mechanism for extending the application of subparts 1 and 2 of Part 2 to other employers that are funded through a Vote and to those employers' employees to enable, among other things, disputes that involve the same, or substantially the same, issue as that described in paragraph (a) to be settled.

(2) To those ends, this Act:
(a) gives legal effect to certain aspects of the terms of the settlement of the parties referred to in subsection (1)(a); and
(b) extinguishes certain claims for sleepover wages in respect of sleepovers performed before the commencement of this Act; and
(c) creates entitlements to back wages for certain sleepovers; and
(d) provides for a staged progression of payments for sleepovers towards the minimum hourly rate prescribed under the Minimum Wage Act 1983; and
(e) provides an Order in Council mechanism for extending the application of subparts 1 and 2 of Part 2 to other employers that are funded through a Vote and to those employers' employees; and
(f) preserves the agreement dated 13 September 2011 between the Crown, Idea Services Limited, Phillip William Dickson, and the Service and Food Workers Union Nga Ringa Tota as it relates to the decision of the Court of Appeal in Idea Services Limited v Phillip William Dickson [2011] NZCA 14.
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