| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 165 |
| Hearing date | 1 May 2014 |
| Determination date | 02 May 2014 |
| Member | A Fitzgibbon |
| Representation | K Feeny (Labour Inspector, in person) ; No appearance |
| Location | Auckland |
| Parties | Feeney (Labour Inspector)v Danuja International (PVT) Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with improvement notice - Failure to pay holiday pay and unused alternative holidays on termination of employment - Failure to pay sick leave - PENALTY - Applicant sought penalty for respondent's breach of improvement notice - No appearance for respondent |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER: Respondent failed to meet obligation to comply with improvement notice. Compliance ordered.;PENALTY: Failure to comply with provisions of Holidays Act 2003 serious matter. Failure to respond properly to improvement notice with objective of correcting matters without resort to legal proceedings made matters worse. Respondent's failures deliberate rather than inadvertent. Respondent investigated with regard to similar issues on number of previous occasions. $5,000 penalty appropriate. |
| Result | Applications granted ; Compliance ordered ; Penalty ($5,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s135;ERA s135(2);ERA s136;ERA s137;ERA s137(1)(a)(iiib);ERA s223D;ERA s223F;ERA s223F(1);Holidays Act 2003;Holidays Act 2003 s27;Holidays Act 2003 s60;Holidays Act 2003 s65;Holidays Act 2003 s71 |
| Cases Cited | Spence (Labour Inspector) v Oakridge Masonry Ltd [2012] NZERA Auckland 414;Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_165.pdf [pdf 221 KB] |