| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 97 |
| 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 respondent's failure to pay minimum wage and holiday pay and failure to keep, maintain and provide records on request - Migrant worker - No appearance for respondent - Waiter and kitchen hand |
| Abstract | AUTHORITY FOUND -PENALTY: Respondent had subsequently paid applicant minimum wage and holiday pay but delay of close to 12 months. Respondent aware of legal obligations relating to record keeping as had previously signed undertaking. $7,500 penalty appropriate for failure to pay minimum wage and holiday pay. $10,000 penalty appropriate for failure to keep, maintain and provide records. |
| Result | Application granted; Penalty ($17,500)($3,750 payable to applicant)($13,750 payable to Crown); Disbursements in favour of applicant ($71.56)(filing fee); Costs reserved |
| Main Category | Penalty |
| Statutes | ERA;ERA s63A;ERA s64;ERA s65;ERA s130;ERA s130(1);ERA s136(2);ERA s229(1)(d);ERA s229(2);ERA s229(3);ERA Second Schedule cl12;Holidays Act 2003;Holidays Act 2003 s23;Holidays Act 2003 s50;Holidays Act 2003 s75;Holidays Act 2003 s81;Holidays Act 2003 s82;Minimum Wage Act 1983;Minimum Wage Act 1983 s6;Minimum Wage Act 1983 s8A |
| Cases Cited | Tan v Yang [2014] NZEmpC 65 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Auckland_97.pdf [pdf 164 KB] |