| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 96 |
| Determination date | 30 March 2015 |
| Member | V Campbell |
| Representation | R Denmean ; no appearance |
| Location | Auckland |
| Parties | Begum (Labour Inspector) v Ck Hospitality Ltd t/a Masala Indian Restaurant |
| Summary | PENALTY - Applicant sought penalty for respondents failure to pay holiday pay - Migrant worker - No appearance for respondent - Chef |
| Abstract | AUTHORITY FOUND -PENALTY: Respondent aware of obligations to pay respondent outstanding holiday pay. Respondent left breach unremedied for approximately 8 months. $7,500 penalty appropriate. |
| Result | Application granted; Penalty ($7,500)($3,750 payable to applicant)($3,750 payable to Crown); Disbursements in favour of applicant ($71.56)(filing fee); Costs reserved |
| Main Category | Penalty |
| Statutes | ERA;ERA Second Scehedule cl12;Holidays Act 2003 s75(2)(a);Holidays Act 2003 s75(2)(b);Holidays Act 2003 s75(2)(c) |
| Cases Cited | Tan v Yang [2014] NZEmpC 65 |
| Number of Pages | 4 |
| PDF File Link: | 2015_NZERA_Auckland_96.pdf [pdf 156 KB] |