| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 231 |
| Hearing date | 5 Aug 2015 |
| Determination date | 05 August 2015 |
| Member | R Larmer |
| Representation | J Prins (in person) ; J Viall |
| Location | Auckland |
| Parties | Prins v JAE Sales Ltd |
| Summary | PENALTY – Applicant sought penalties for respondent’s failure to provide written employment agreement (EA), failure to keep accurate leave and holiday records and failure to provide records on request – Butcher |
| Abstract | AUTHORITY FOUND –;PENALTY: Respondent admitted failure to provide written EA. Applicant’s claim failed because s65(4) Employment Relations Act 2000 requires that Labour Inspector to bring penalty action. Applicant did not provide sufficient evidence to prove respondent failed to keep records. Respondent failed to provide access to records on request. Failure taken into account in applicant’s earlier claim for arrears of wages. No separate remedy or penalty for such failure. No penalty. |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Penalty |
| Statutes | ERA s65(4);Holidays Act 2003 s82;Holidays Act 2003 s83 |
| Cases Cited | Prins v Jae Sales Ltd [2013] NZERA Auckland 489;Prins v Jae Sales Ltd [2015] NZERA Auckland 150 |
| Number of Pages | 4 |
| PDF File Link: | 2015_NZERA_Auckland_231.pdf [pdf 135 KB] |