| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 46 |
| Hearing date | 28 Jan 2015 |
| Determination date | 01 May 2015 |
| Member | Trish MacKinnon |
| Representation | A Graham ; no appearance |
| Location | New Plymouth |
| Parties | Put (Labour Inspector) v Amtec Engineering Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance order requiring respondent to comply with improvement notice – Whether improvement notice issued correctly - PENALTY – Applicant sought penalty for failure to comply with improvement notice |
| Abstract | AUTHORITY FOUND –COMPLIANCE ORDER: Improvement notice originally given to person named as contact for respondent, but contact person not employee of respondent. Service probably not compliant with requirements of Companies Act 1993. Improvement notice subsequently correctly served by posting it to respondent’s director at respondent’s registered office. Applicant entitled to have improvement notice enforced by compliance order. Application for compliance order granted.PENALTY: Respondent’s failure to comply with improvement notice serious and sustained breach. $5,000 penalty appropriate. |
| Result | Applications granted ; Orders made ; Penalty ($5,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s137;ERA s138(5);ERA s223D;ERA s223D(4);ERA s223E;ERA s223F;ERA Second Schedule cl12;Holidays Act 2003;Holidays Act 2003 s50;Holidays Act 2003 s51;Holidays Act 2003 s60;Companies Act 1993 s388 |
| Cases Cited | Norton v T P Manu Ltd [2014] NZERA Christchurch 32 |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Wellington_46.pdf [pdf 173 KB] |