| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 99 |
| Hearing date | 8 Jul 2015 |
| Determination date | 17 July 2015 |
| Member | J Crichton |
| Representation | A Graham ; D De Silva |
| Location | Christchurch |
| Parties | Zonneveld (Labour Inspector) v Maudaara Ltd |
| Summary | PENALTY – Applicant sought penalty for respondent’s charging of premium for employment, failure to pay minimum wage or accurate holiday pay and failure to keep proper wage, time and holiday leave records – Migrant worker |
| Abstract | AUTHORITY FOUND –PENALTY: Employment commenced before payments made between applicant to respondent. No apparent inappropriate basis for payments. No evidence that applicant told to pay up or lose employment. No enmity between applicant and respondent’s director. Respondent not charging premium for employment. Respondent admitted failure to pay minimum wage and holiday pay and keep records. Authority granted extension of time for respondent to meet obligations. Leave reserved for applicant to revert to Authority if respondent fails to comply. Respondent actively engaged with Authority and tried to remedy failures immediately. $10,000 penalty appropriate only if respondent fails to meet obligations. |
| Result | Application granted ; Penalty ($10,000)(payable to Crown)(conditional) ; Costs reserved |
| Main Category | Penalty |
| Statutes | Holidays Act 2003;Minimum Wage Act 1983;Wages Protection Act 1983 |
| Cases Cited | Sears v Attorney-General [1994] 2 ERNZ 39 (LC);Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Christchurch_99.pdf [pdf 165 KB] |