Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2015] NZERA Christchurch 8
Hearing date 28 Jan 2015
Determination date 28 January 2015
Member M B Loftus
Representation G La-Hood ; no appearance
Location Christchurch
Parties Belley (Labour Inspector) v A Mahamai
Summary COMPLIANCE ORDER - Applicant sought compliance with improvement notice - Improvement notice required respondent to pay former employee $921 arrears of wages and $231 arrears of holiday pay - PENALTY - Applicant sought penalty for respondent's failure to comply with improvement notice - No appearance for respondent
Abstract AUTHORITY FOUND -;COMPLIANCE ORDER: No doubt that monies payable. Compliance ordered. Interest payable.;PENALTY: No real attempt by respondent to comply with obligations as employer. $750 penalty appropriate.
Result Applications granted ; Compliance ordered ; Interest (5%) ; Penalty ($750)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
Main Category Compliance Order
Statutes ERA;ERA s135;ERA s223D;ERA s223E;ERA s223F;Holidays Act 2003;Judicature (Prescribed Rate of Interest) Order 2011;Minimum Wage Act 1983
Cases Cited Xu v McIntosh [2004] 2 ERNZ 448 (EmpC)
Number of Pages 5
PDF File Link: 2015_NZERA_Christchurch_8.pdf [pdf 2 MB]