Commentary

(c) Effect of contractual right to remuneration

Division BI Pay
| Commentary

(c) Effect of contractual right to remuneration

| Commentary

(c)     Effect of contractual right to remuneration

The fact that an employee has a statutory right to a guarantee payment in respect of a particular workless day does not affect any contractual right to remuneration for that day: ERA 1996 s 32(1). This will become relevant where, for example, the employee's contract incorporates a provision from a collective agreement, requiring the employer to make payments for periods of lay off. However, there is no 'double recovery'. Under ERA 1996 s 32(2) any contractual remuneration paid to an employee in respect of a workless day 'goes towards

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