| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 30 |
| Hearing date | 25 Feb 2015 |
| Determination date | 02 March 2015 |
| Member | H Doyle |
| Representation | E Tait ; M Radley |
| Location | Christchurch |
| Parties | O'Shea (Labour Inspector) v Radley Haulage Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay on behalf of respondent's former employee (D") - PENALTY - Applicant sought penalty for respondent's failure to comply with requirement to produce wage, time and holiday records - Applicant sought penalty for respondent's failure to retain written employment agreement for D - Truck driver" |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: Authority not satisfied that agreement reached for D to take two days' leave during last week of employment. Applicant owed annual leave entitlement. Applicant established that D entitled to payment for working three of four public holidays claimed and days in lieu. Respondent to pay applicant $299 arrears of wages and $5,100 arrears of holiday pay. Interest payable.;PENALTY: Respondent's breaches not at most serious end of scale. Applicant in receipt of required records within three weeks of deadline. No suggestion of other breaches. Written employment agreement may have allowed D to have entitlement resolved and paid earlier. D not particularly vulnerable. Necessary to send clear signal that employers needed to comply with labour inspectors' requests and have written employment agreements. Respondent took responsibility for actions and expressed remorse. Appropriate to apply global penalty. $800 penalty appropriate. |
| Result | Applications granted ; Arrears of wages ($299.25) ; Arrears of holiday pay ($5,100.18) ; Interest (5%) ; Penalty ($800)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s65(4);ERA s135(4);ERA s229(1)(d);ERA s229(3);ERA Second Schedule cl11;Holidays Act 2003;Holidays Act 2003 s50 |
| Cases Cited | Tan v Yang [2014] NZEmpC 65 |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Christchurch_30.pdf [pdf 184 KB] |