| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 448 |
| Hearing date | 10 Dec 2012 |
| Determination date | 11 December 2012 |
| Member | T Tetitaha |
| Representation | J Denyer (in person) ; No Appearance |
| Location | Auckland |
| Parties | Denyer, Labour Inspector v Scorpion Liquor (2006) Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought $3,024 arrears of wages and $393 arrears of holiday pay – Authority found respondent had failed to pay employee outstanding wages and holiday pay - Respondent to pay applicant $3,024 arrears of wages and $393 arrears of holiday pay - Interest payable – PENALTY – Found respondent failed to comply with requirement to produce employee’s wage and time records and no good reason for failure to comply - $1,000 penalty appropriate - Store person |
| Abstract | Applicant employed as store person. Respondent failed to pay employee total wages owing. Applicant sought $3,024 arrears of wages and $393 arrears of holiday pay. Respondent did not comply with applicant’s request for wage and time records. No appearance for respondent.;AUTHORITY FOUND –;ARREARS OF WAGES AND HOLIDAY PAY: No good cause for respondent’s failure to attend investigation meeting. Satisfied could proceed with matter. Respondent had failed to pay employee outstanding wages. Respondent to pay applicant $3,024 arrears of wages and $393 arrears of holiday pay. Interest payable.;PENALTY: Respondent failed to comply with requirement to produce employee’s wage and time records and no good reason for failure to comply. $1,000 penalty appropriate. |
| Result | Applications granted (arrears of wages and penalty) ; Arrears of wages ($3,024) ; Arrears of holiday pay ($393.12) ; Interest (5%) ; Penalty ($1,000)(payable to applicant) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Arrears |
| Statutes | ERA s131;ERA s136(2);ERA s229(3);ERA Second Schedule cl11;ERA Second Schedule cl12;ERA Second Schedule cl15 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_448.pdf [pdf 158 KB] |