| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 26 |
| Determination date | 28 January 2015 |
| Member | E Robinson |
| Representation | E Spence (in person) ; J Singh |
| Parties | Spence (Labour Inspector) v Bay Enterprises Ltd |
| Summary | PENALTY - Applicant sought penalty for respondent's failure to comply with improvement notice - Failure to provide written employment agreements to all employees - Kiwifruit industry - COSTS - Applicant sought contribution towards costs |
| Abstract | AUTHORITY FOUND -;PENALTY: Respondent failed to comply with improvement notice. Respondent compounded situation by submitting fraudulent individual employment agreements. $5,000 penalty appropriate.;COSTS: No investigation meeting. Respondent to pay applicant $250 contribution towards costs. |
| Result | Application granted ; Penalty ($5,000)(payable to Crown) ; Costs in favour of applicant ($250) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Penalty |
| Statutes | ERA s65;ERA s65(1);ERA s223D;ERA s223F;ERA Second Schedule cl15 |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Auckland_26.pdf [pdf 219 KB] |