| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 15 |
| Hearing date | 19 Jun 2014 - 20 Jun 2014 ; 9 Jul 2014 - 10 Jul 2014 (4 days) |
| Determination date | 09 February 2015 |
| Member | M B Loftus |
| Representation | A Leulu ; S Bhardwaj |
| Location | Blenheim |
| Parties | Norton (Labour Inspector) v Vine Strength Ltd and Ors |
| Other Parties | SP 2007 Ltd, Gaur |
| Summary | JURISDICTION - Whether individual (K") employed by second respondent or volunteer - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay on behalf of K - PENALTY - Applicant sought penalty for first and second respondents' breach of Minimum Wage Act 1983 and failure to provide written employment agreement - Applicant sought penalty for first respondent's failure to keep wage and time records - Applicant sought penalty for third respondent's breach of Wages Protection Act 1983 - Whether third respondent charged K premium for employment - Whether K required to re-pay wages to third respondent in return for third respondent's support for K's residency application - Migrant worker - Work visa" |
| Abstract | AUTHORITY FOUND -;JURISDICTION: K's attendance at second respondent's shop not minimal and K had expectation of remuneration, even if only in kind. K did not work at second respondent's shop as volunteer. K employee.;ARREARS OF WAGES AND HOLIDAY PAY: K not charged premium for employment by third respondent. First respondent accepted K worked in vineyard during period in question. Not sufficient for first respondent to pay wages to K's wife in absence of written consent by K to deduction from K's wages. Appropriate to accept claims against first and second respondents in absence of wage and time records. First respondent to pay applicant $6,879 arrears of wages and holiday pay. Second respondent to pay applicant $15,837 arrears of wages and holiday pay.;PENALTY: Significant deficiencies with respect to actions of first and second respondents. Failures aggravated by misleading responses to applicant. No real attempt by first or second respondents to comply with obligations as employer. $5,000 penalty against first respondent and $5,000 penalty against second respondent appropriate. |
| Result | Applications granted ; Arrears of wages and holiday pay ($6,879)(first respondent)($15,837)(second respondent) ; Penalty ($5,000)(first respondent)(payable to Crown)($5,000)(second respondent)(payable to Crown) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA;ERA s130;ERA s132;ERA s132(1);ERA s132(2);ERA s135;Minimum Wage Act 1983;Wages Protection Act 1983;Wages Protection Act 1983 s4;Wages Protection Act 1983 s5;Wages Protection Act 1983 s12A |
| Cases Cited | New Zealand (with exceptions) Shipwrights etc Union v Honda NZ Ltd [1989] 3 NZILR 82 (LC);Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152, [2013] ERNZ 326;Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Christchurch_15.pdf [pdf 114 KB] |