| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 54 |
| Hearing date | 19 Feb 2015 |
| Determination date | 15 May 2015 |
| Member | Trish MacKinnon |
| Representation | G Gimblett ; G R Kapur |
| Location | Hastings |
| Parties | Brown (Labour Inspector) v Kiwi Labour Solution (2013) Ltd and Ors |
| Other Parties | Oomda New Zealand Ltd, Positive Force 2014 Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Illegal workers – No employment agreements (“EA”) - Workers paid in cash without payslips – Whether workers employed by respondents – Sub-contractor - PENALTY – Applicant sought penalty for respondents’ failure to provide EAs or wage and time, holiday and leave records as requested |
| Abstract | AUTHORITY FOUND -PRACTICE AND PROCEDURE: Respondents’ evidence implausible as to sub-contractor arrangement. No reliable evidence of sub-contracts between respondents and alleged sub-contractor. Written sub-contract produced by respondents unlikely to be genuine. Evidence given indicated respondents employed workers. All respondents employed workers at various times. All respondents failed to produce EAs or wage and time, holiday and leave records as requested by applicant. Workers employed by respondents.PENALTY: Penalty appropriate to punish respondents for failure to provide EAs or wage and time, holiday and leave records as requested $7,500 penalty against each respondent appropriate. |
| Result | Applications granted: Penalty ($7,500)(first respondent)(payable to Crown)($7,500)(second respondent(payable to Crown) ($7,500)(third respondent(payable to Crown); Disbursements in favour of applicant ($71.56)(first respondent)(filing fees)($71.56) (second respondent)(filing fees)($71.56)(third respondent)(filing fees) ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA;ERA s64;ERA s64(4);ERA s130;ERA s229;Holidays Act 2003;Holidays Act 2003 s81;Holidays Act 2003 s82 |
| Number of Pages | 15 |
| PDF File Link: | 2015_NZERA_Wellington_54.pdf [pdf 186 KB] |