| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 118 |
| Hearing date | 31 Mar 2014 |
| Determination date | 02 April 2014 |
| Member | R Larmer |
| Representation | Labour Inspector in person ; S Grice |
| Location | Tauranga |
| Parties | Spence (Labour Inspector) v Vinetech Ltd |
| Summary | PENALTY - Applicant sought penalty for respondent's breach of Minimum Wage Act 1983, failure to keep adequate wage and time records and failure to keep adequate holiday and leave records - Employee (K") not paid because respondent thought K merely assisting boyfriend to work more quickly and earn more - Respondent acknowledged breaches - Kiwifruit industry" |
| Abstract | AUTHORITY FOUND -;PENALTY: Appropriate to impose one penalty to reflect all three of respondent's breaches. Harm to K limited but harm to respondent significant given severe financial consequences and loss of largest client. Respondent understood requirement to comply with employment law obligations but necessary to deter other employers from taking lax or casual approach to employment law obligations. Respondent's breaches inadvertent. Previous concerns about respondent did not require enforcement proceedings. Appropriate to reduce penalty significantly to reflect severe financial hardship suffered by respondent already as result of breaches and ongoing financial hardship respondent's breaches likely to cause. $1,000 penalty appropriate. |
| Result | Application granted ; Penalty ($1,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Penalty |
| Statutes | ERA;ERA s130;ERA s130(4);Holidays Act 2003 s81;Minimum Wage Act 1983 s6 |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Auckland_118.pdf [pdf 111 KB] |