19 Sept 2013
TERRANOVA HOMES AND CARE LIMITED V FAITALA CA175/2013 [2013] NZCA 435
- Citation
- (2013) 10 NZELR 849
- Court
- Court of Appeal
Compulsory employer KiwiSaver contributions are not 'payment for work' under s 6 of the Minimum Wage Act; s 6 imposes a mandatory statutory floor that prevents contractual or implicit legislative arrangements that result in payment below the minimum wage; s 101B of the KiwiSaver Act does not impliedly repeal or override s 6 and must be read subject to the MWA, therefore an employer may not deduct its compulsory KiwiSaver contributions from wages of employees paid at the statutory minimum.