Commentary

(2) What form should the pay statement take?

Division BI Pay
| Commentary

(2) What form should the pay statement take?

| Commentary

(2)     What form should the pay statement take?

Under ERA 1996 s 8(1), the pay statement must be 'written' (ERA 1996 s 8). Pay statements in hard copy clearly meet this condition, but there is a question whether a statement that is delivered to the employee electronically (for example, as an attachment to an email sent to the employee's work email address or via an online portal) complies with this requirement.

In answering this question, the starting point is the Interpretation Act 1978. This provides that 'unless

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