| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 67 |
| Hearing date | 28 May 2013 |
| Determination date | 31 May 2013 |
| Member | M Ryan |
| Representation | M Searancke-Clarke ; M Matauaina |
| Parties | Searancke-Clarke (Labour Inspector) v Bright Eyes Cleaning Services Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with improvement notice –Whether employees entered new agreement or transferred from previous employer – Whether respondent paid previous employee correct wages and holiday pay – PENALTY – Applicant sought penalty if respondent failed to comply with Authority’s compliance order within seven days |
| Abstract | AUTHORITY FOUND-;COMPLIANCE ORDER: Respondent accepted employees transferred from previous employer. Respondent failed to comply with improvement notice. Respondent ordered to pay arrears and provide holiday and leave records of all employers to applicant. Compliance ordered.;PENALTY: Authority unable to order penalty for breach of compliance order. No penalty. |
| Result | Application granted (Compliance Order) ; Compliance ordered ; Application dismissed (Penalty) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA Part 6A – ERA s69J – ERA s130 - ERA s137 – ERA s138(6) - ERA s223D - ERA s223E - Holidays Act 2003 s23 - Holidays Act 2003 s81 - Minimum Wage Act 1983 s6 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Wellington_67.pdf [pdf 164 KB] |