| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 91 |
| Hearing date | 26 Jun 2015 |
| Determination date | 03 July 2015 |
| Member | J Crichton |
| Representation | A Graham ; No appearance |
| Location | Blenheim |
| Parties | Norton (Labour Inspector) v NZX3 Vineyard Contractors Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with improvement notice - PENALTY - Applicant sought penalty for respondent’s failure to comply with improvement notice - Failure to provide written employment agreements to all employees - Failure to keep employees’ wage and time records - Failure to pay employees minimum wage - No appearance for respondent - Seasonal employees |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER: Compliance ordered.;PENALTY: Breaches identified in improvement notice serious breaches analogous to repeated breach as respondent was aware of applicant’s investigation before improvement notice issued. Employees involved vulnerable, low paid, transient workers. Apparent need for deterrence as respondent ignored improvement notice and continued breaches. No evidence of remorse. $6,500 penalty appropriate. |
| Result | Applications granted ; Compliance ordered ; Penalty ($6,500)(payable to crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Penalty |
| Statutes | ERA s65;ERA s130;ERA s137;ERA s223F;ERA s223D;Minimum Wage Act 1983;Minimum Wage Act 1983 s6 |
| Cases Cited | Tan v Yang [2014] NZEmpC 65 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Christchurch_91.pdf [pdf 102 KB] |