| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 479 |
| Determination date | 20 November 2014 |
| Member | V Campbell |
| Representation | R Denmead ; J Burley |
| Parties | Begum (Labour Inspector) v Bucklands Beach Ltd (in liquidation) and Ors |
| Other Parties | AK Group 2006 Ltd (formally known as PKS Hospitality Ltd)(in liquidation), Stanmore Bay Ltd, Takapuna Hospitality Ltd, Tobys Ltd, Goldlink Enterprises Ltd, CK Hospitality Ltd, CK Investments 2013 Ltd, Hospitality Company Ltd, Birkenhead Hospitality Ltd, CHK Hospitality Ltd (lin liquidation) |
| Summary | PENALTY – Applicant sought penalty for respondents’ failure to comply with requirement to produce wage and time records, holiday and leave records and employment agreements – Applicant sought penalty for respondents’ failure to keep or provide access to holiday and leave records |
| Abstract | AUTHORITY FOUND –;PENALTY: Records not provided by dates specified in notices. No explanation why respondent’s representative (“J”) made no effort to contact applicant with concerns about extensive nature of requirements or timeframes imposed prior to receiving call that J’s father ill one day before expiry of deadline. J did not explain why failed to contact applicant on return to New Zealand. No good cause shown for respondent’s failure to comply with notices within required timeframe. Respondents’ failures not repetitive. Applicant may have been able to pursue employees’ complaints before some respondents went into liquidation if records provided within required timeframe. Significant portion of respondents’ employees migrant workers. Penalty to serve as deterrent. Not case of continued wilful non-compliance and respondents’ co-operation in producing records should be encouraged. $6,000 penalty against each respondent appropriate. |
| Result | Application granted ; Penalty ($6,000)(each respondent)(payable to Crown) ; Disbursements in favour of applicant ($787.16)(filing fees) ; No order for costs |
| Main Category | Penalty |
| Statutes | ERA;ERA s229(1);ERA s229(1)(d);ERA s229(3);Holidays Act 2003 s75;Holidays Act 2003 s82 |
| Cases Cited | Tan v Yang [2014] NZEmpC 65;The New Zealand Timber Industry Employees’ Industrial Union of Workers v Waimate Timber Co Ltd (1990) 3 NZELC 97,890 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Auckland_479.pdf [pdf 132 KB] |