| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 101 |
| Hearing date | 25 Mar 2015 |
| Determination date | 31 March 2015 |
| Member | A Fitzgibbon |
| Representation | J Ingham (in person) ; M Swan (in person) |
| Location | Auckland |
| Parties | Ingham (Labour Inspector) v Swan t/a Mensworks |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with enforceable undertaking - PENALTY - Applicant sought penalty for respondent's breach of enforceable undertaking, breach of Minimum Wage Act 1983 and Holidays Act 2003, failure to offer employment agreement and failure to provide wage and time, and holiday and leave records |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER: Respondent failed to pay all instalments due under enforceable undertaking. Compliance ordered.;PENALTY: Applicant able to seek penalty for breach of enforceable undertaking but not for separate matters given enforceable undertaking entered into to remedy other breaches. Respondent's former employee young and vulnerable. Respondent's breach of enforceable undertaking ongoing and serious. Respondent did comply with undertaking partially and discharged from bankruptcy recently. $2,000 penalty appropriate. |
| Result | Applications granted ; Compliance ordered ; Penalty ($1,000)(payable to applicant)($1,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA;ERA s65(4);ERA s131;ERA s135(f);ERA s136;ERA s137(1)(a)(iii);ERA s141;ERA s223B;ERA s223C;ERA s223C(2);ERA s229(3);Holidays Act 2003;Holidays Act 2003 s75(2)(a);Minimum Wage Act 1983;Minimum Wage Act 1983 s10 |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Auckland_101.pdf [pdf 228 KB] |