| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 43 |
| Hearing date | 11 Mar 2014 |
| Determination date | 24 March 2014 |
| Member | M B Loftus |
| Representation | D Hixon (in person) ; no appearance |
| Location | Blenheim |
| Parties | Hixon (Labour Inspector) v Tupou and Anor |
| Other Parties | Fotu-Moala |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay on behalf of respondents' former employees - Short term casual employment - Vineyard - No payment made for work performed - PENALTY - Applicant sought penalty for respondents' failure to comply with improvement notice - Improvement notice required respondent to comply with obligations relating to minimum wage, holiday pay, retention of employment records and provision of employment agreements - COMPLIANCE ORDER - Applicant sought compliance with improvement notice - No appearance for respondents |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: Respondents to pay applicant $790 arrears of wages and holiday pay.;PENALTY: Appropriate to impose penalty given respondents' failure to comply with improvement notice. $1,500 penalty appropriate.;COMPLIANCE ORDER: Requirements in improvement notice for respondents to audit employees' files to ensure employees paid minimum wage and to provide employment agreements complying with Employment Relations Act 2000 remained relevant. Compliance ordered. |
| Result | Applications granted ; Arrears of wages and holiday pay ($790.40) ; Penalty ($1,500)(payable to Crown) ; Compliance ordered ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s65;ERA s130;ERA s132;ERA s135;ERA s223D;ERA s223F;Holidays Act 2003 s23;Minimum Wage Act 1983 s6 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Christchurch_43.pdf [pdf 101 KB] |