| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 244 |
| Hearing date | 14 Aug 2015 |
| Determination date | 14 August 2015 |
| Member | E Robinson |
| Representation | S Quinn (in person) ; No appearance |
| Location | Auckland |
| Parties | Quinn (Labour Inspector) v Indique NZ Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought order for compliance with Improvement Notice – PENALTY – Applicant sought penalty for respondent’s failure to comply with Improvement Notice – COSTS – Application sought $300 contribution towards costs – No appearance for respondent – Migrant workers |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: Respondent failed to comply with notice. Compliance ordered.;PENALTY: Respondent’s failure to comply with notice serious. Especially important for employers of migrant workers to adhere to statutory minimum requirements to avoid suspicion of exploitation. $6,000 penalty appropriate.;COSTS: Less than half day investigation meeting. Respondent to pay applicant $300 contribution towards costs. |
| Result | Applications granted ; Orders made ; Penalty ($6,000)(payable to Crown) ; Costs in favour of applicant ($300) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA s137(1)(a)(iiib);ERA s223D;ERA s223F;Holidays Act 2003;Holidays Act 2003 s49;Holidays Act 2003 s50;Holidays Act 2003 s52;Holidays Act 2003 s81 |
| Cases Cited | Tan v Yang [2014] NZEmpC 65 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Auckland_244.pdf [pdf 172 KB] |