| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 116 |
| Hearing date | 7-Aug-15 |
| Determination date | 11 August 2015 |
| Member | Christine Hickey |
| Representation | C Milnes ; S Watt |
| Location | Christchurch |
| Parties | O'Shea (Labour Inspector) v Watt |
| Summary | PENALTY – Applicant sought penalties for respondent’s failure to keep wage and time records and holiday and leave records |
| Abstract | AUTHORITY FOUND –;PENALTY: Respondent breached requirements to keep accurate records. Breach not serious and made inadvertently. Respondent changed record-keeping practices after being made aware of breaches. Respondent remorseful. Employees impacted in only minor way. General deterrence only need. $500 penalty appropriate. |
| Result | Application granted ; Penalty ($500)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Penalty |
| Statutes | ERA;ERA s135;Minimum Wage Act 1983;Minimum Wage Act 1983 s8A;Minimum Wage Act 1983;Holidays Act 2003;Holidays Act 2003 s 89 |
| Cases Cited | Tan v Yang [2014] NZEmpC 65;Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 4 |
| PDF File Link: | 2015_NZERA_Christchurch_116.pdf [pdf 167 KB] |