| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 90 |
| Hearing date | 11 Mar 2015 |
| Determination date | 25 March 2015 |
| Member | V Campbell |
| Representation | R Denmead ; no appearance |
| Parties | Labour Inspector (Begum) v Goldlink Enterprises Ltd t/a Masala Indian Restaurant (in liq) and Anor |
| Other Parties | CHK Hospitality Ltd (in liquidation) |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay on behalf of former employee (S") of second respondent - Migrant worker - PENALTY - Applicant sought penalty for respondent's breach of Minimum Wage Act 1983 and Holidays Act 2003 - No appearance for respondents" |
| Abstract | AUTHORITY FOUND -;ARREARS OF WAGES AND HOLIDAY PAY: S not paid for work undertaken for second respondent and entitled to payment of minimum wage. Second respondent to pay applicant $2,000 arrears of wages and $160 arrears of holiday pay. Interest payable.;PENALTY: Failure to pay minimum wage inexcusable. Migrant workers working illegally vulnerable to exploitation given difficulty in workers complaining that not receiving minimum standards. Failure to pay minimum wage serious, repeated and exacerbated by second respondent's denials to applicant. $5,000 penalty for breach of Minimum Wage Act 1983 appropriate. $5,000 penalty for breach of Holidays Act 2003 appropriate. |
| Result | Applications granted ; Arrears of wages ($2,000.03) ; Arrears of holiday pay ($160) ; Interest (5%) ; Penalty ($5,000)(payable to applicant)($5,000)(payable to Crown) ; Disbursements in favour of applicant ($71,56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA s136(2);Holidays Act 2003 s75(2)(a);Minimum Wage Act 1983 s10 |
| Cases Cited | Begum (Labour Inspector) v Bucklands Beach Ltd (in liq) [2014] NZERA Auckland 479;Tan v Yang [2014] NZEmpC 65 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Auckland_90.pdf [pdf 239 KB] |