| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 399 |
| Hearing date | 2-3 Sep 2014 |
| Determination date | 02 October 2014 |
| Member | E Robinson |
| Representation | B Murrary ; M Urlich |
| Location | Auckland |
| Parties | NZ Staff Ltd v Carr, Labour Inspector |
| Summary | PRACTICE AND PROCEDURE - Applicant objected to respondent's improvement notice - Whether applicant failed to provide written employment agreement containing written description of work performed, where work to be performed, or times of work - Whether applicant failed to maintain and produce on request compliant wage, time and holiday records - Whether applicant provided holiday pay on pay as you go" basis unlawfully - Whether applicant failed to pay holiday pay correctly for public holidays not worked - Whether applicant made unlawful deductions from wages - Whether applicant failed to provide paid alternative holiday when public holidays worked - Labour hire business" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Applicant failed to supply complete wage, time and holiday records such that reasonable for respondent to conclude applicant failed to respond to provisions of legislation specified in improvement notice. Insufficient evidence to establish whether loss suffered by applicant's employees given respondent's difficulty in obtaining complete records. Applicant took steps to meet requirements of legislation and took further steps after improvement notice served. Part of labour inspector's functions to support employers by supplying information and advice, and to assist with the implementation of systems and practices. Appropriate to vary improvement notice by extending time for applicant to comply with legislative requirements. |
| Result | Application partially granted ; Orders made ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA;ERA s65(2);ERA s66;ERA s130;ERA s130(1)(g);ERA s223A;ERA s223B;ERA s223D;ERA s223E;ERA s223E(2);ERA s223E(3);Holidays Act 2003;Holidays Act 2003 s12;Holidays Act 2003 s12(3)(a);Holidays Act 2003 s28;Holidays Act 2003 s49;Holidays Act 2003 s56;Holidays Act 2003 s60;Minimum Wage Act 1983;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5 |
| Number of Pages | 19 |
| PDF File Link: | 2014_NZERA_Auckland_399.pdf [pdf 235 KB] |