| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 110 |
| Hearing date | 3 Aug 2015 |
| Determination date | 03 August 2015 |
| Member | J Crichton |
| Representation | E Tait ; P Zeng |
| Location | Auckland |
| Parties | Hixon (Labour Inspector) v NCHR Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with statutory requirement to comply with improvement notice – PENALTY – Applicant sought penalty for respondent’s failure to comply with improvement notice |
| Abstract | AUTHORITY FOUND –COMPLIANCE ORDER: Respondent still in breach of two parts of improvement notice regarding failure to provide written employment agreement or wage and time records. Compliance ordered.PENALTY: Respondent had sought to engage with applicant’s claims, but had not been able to fully do so due to language barrier. Penalty reduced to account for language problems. Need to deter other employers from failing to comply with improvement notices. $2,500 penalty appropriate. |
| Result | Applications granted ; Orders made ; Penalty ($2,500)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Compliance Order |
| Cases Cited | Tan v Yang [2014] NZEmpC 65 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Christchurch_110.pdf [pdf 144 KB] |