| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 414 |
| Determination date | 22 November 2012 |
| Member | R A Monaghan |
| Representation | E Spence (in person) ; no appearance |
| Location | Auckland |
| Parties | Spence (Labour Inspector) v Oakridge Masonry Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance order that respondent pay former employee $3,878 arrears of wages and holiday pay – Authority found improvement notice not complied with and compliance order warranted – Compliance ordered – Interest payable – PENALTY – Applicant sought penalty for respondent’s failure to comply with improvement notice – Found no reason provided for respondent’s failure to observe improvement notice and failure to make payments owed under Holidays Act 2003 serious matter – $750 penalty appropriate |
| Abstract | Applicant sought compliance order that respondent pay former employee (“P”) $3,878 arrears of wages and holiday pay. Applicant sought penalty for respondent’s failure to comply with improvement notice. Respondent claimed P’s hourly rate inclusive of holiday pay. Applicant considered rate of pay not inclusive of holiday pay and after failed attempts to resolve matters applicant issued improvement notice. Respondent did not lodge objection notice and did not make payment.;AUTHORITY FOUND –;COMPLIANCE ORDER: Improvement notice not complied with and compliance order warranted. Compliance ordered. Interest payable.;PENALTY: No reason provided for respondent’s failure to observe improvement notice and failure to make payments owed under Holidays Act 2003 serious matter. Failure to act on notice whose purpose was correction of underlying difficulty without resorting to legal proceedings made matters worse. $750 penalty appropriate. |
| Result | Applications granted ; Compliance ordered ; Interest (5%) ; Penalty ($750)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s65;ERA s137(1)(a);ERA s137(3);ERA s138(4A);ERA s138(5);ERA s223B;ERA s223D;ERA s223E;ERA s223F;Holidays Act 2003;Holidays Act 2003 s27(1)(b);Holidays Act 2003 s27(2);Holidays Act 2003 s46 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Auckland_414.pdf [pdf 116 KB] |