| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 485 |
| Determination date | 21 October 2013 |
| Member | K J Anderson |
| Representation | C McLean (in person) ; no appearance |
| Parties | McLean (Labour Inspector) v Copper Kettle Ngatea Ltd |
| Summary | COMPLIANCE ORDER - PENALTY - Applicant sought compliance with improvement notice - Applicant sought penalty for respondent's failure to comply with improvement notice - Failure to pay holiday pay upon termination of employment - No holiday and leave records - Whether improvement notice received by respondent - Short timeframe given for improvement - No appearance for respondent |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER - PENALTY: Some reservations regarding applicant's efforts to make respondent aware of notice but respondent aware of investigation meeting and did not seek to argue point. Respondent failed to comply with improvement notice. Compliance ordered. Penalty not appropriate as not satisfied applicant took action to notify respondent of requirements and consequences if failure to comply. 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 s137 - ERA s223(f) - ERA s223D - ERA s223D(4) - ERA s229 - ERA Second Schedule cl10 - Holidays Act 2003 s27 - Holidays Act 2003 s27(2) -Holidays Act 2003 s75(1)(b) - Holidays Act 2003 s75(2) - Holidays Act 2003 s77(1) - Holidays Act 2003 s81 - Holidays Act 2003 s82 - Holidays Act 2003 s83 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_485.pdf [pdf 158 KB] |