| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 217 |
| Hearing date | 20 Jul 2015 |
| Determination date | 23 July 2015 |
| Member | J Crichton |
| Representation | S Blick ; No appearance |
| Location | Auckland |
| Parties | Feeney (Labout Inspector) v Khoobsurat Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay - PENALTY – Applicant sought penalty for respondent’s failure to provide accurate wage and time, and holiday records |
| Abstract | AUTHORITY FOUND -ARREARS OF WAGES AND HOLIDAY PAY: Respondent provided falsified wage and time records claiming employees worked fewer hours. Applicant’s evidence preferred as to hours worked. Respondent to pay applicant $18,515 arrears of wages and holiday pay.PENALTY: Respondent’s breach cynical and deliberate, involving blatant manipulation of records and absolute failure to properly account for legal minimum holiday entitlements. $30,000 penalty appropriate. |
| Result | Applications granted ; Arrears of wages and holiday pay ($18,515.71) ; Penalty ($30,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Arrears |
| Statutes | ERA;ERA s165;ERA Second Schedule cl15(1);Holidays Act 2003;Minimum Wage Act 1983 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Auckland_217.pdf [pdf 147 KB] |