| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 102 |
| Hearing date | 13 Aug 2013 |
| Determination date | 20 August 2013 |
| Member | M Ryan |
| Representation | R Esau (in person) ; no appearance |
| Location | Wellington |
| Parties | Esau v K and J Patel Ltd |
| Summary | COMPLIANCE ORDER - PENALTY - Applicant sought compliance with parties' settlement agreement - Applicant sought penalty for respondent's failure to comply with settlement agreement - Applicant paid holiday pay but later than agreed date and respondent did not provide time and wage records so applicant unable to calculate whether holiday pay correct - No appearance for respondent |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER - PENALTY: Applicant disadvantaged by respondent's failure to provide time and wage records. Respondent's failure wilful and deliberate. Compliance ordered. $2,500 penalty appropriate. |
| Result | Applications granted; Compliance ordered; Penalty ($2,500)(payable to applicant); No order for costs; Disbursements in favour of applicant ($71.56)(filing fee) ($80)(travel) |
| Main Category | Compliance Order |
| Statutes | ERA - ERA s130 - ERA s130(4) - ERA s135(2)(b) - ERA s137 - ERA 149 - ERA s149(3) - ERA s149(4) - ERA s151(2) |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Wellington_102.pdf [pdf 165 KB] |