| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 136 |
| Hearing date | 7-Sep-15 |
| Determination date | 15 September 2015 |
| Member | James Crichton |
| Representation | D O'Shea (in person) ; L Stewart |
| Location | Ashburton |
| Parties | O'Shea (Labour Inspector) v Pekanga O Te Awa Farms Ltd |
| Summary | PENALTY – Applicant sought penalties for failure to pay minimum wage, failure to pay public holiday pay, failure to provide alternative holidays and failure to keep proper time records |
| Abstract | AUTHORITY FOUND –PENALTY: Holidays Act breaches caused by ignorance of the law. Failure to keep records fundamental failure but caused by mistaken belief. Failure to pay minimum wage also caused by mistaken belief. Breach repeated but speedily rectified after involvement of applicant. Genuine remorse. Respondent complied with applicant. $500 penalty appropriate. |
| Result | Application granted ; Penalty ($500)(payable to Crown) ; No order for costs |
| Main Category | Penalty |
| Statutes | Minimum Wage Act 1983 s6 ; Minimum Wage Act 1983 s8A ; Holidays Act 2003 s50 ; Holidays Act 2003 s56 |
| Cases Cited | Idea Services Ltd v Dickson [2011] NZCA 14, [2011] 2 NZLR 522 ; Law v Board of Trustees of Woodford House [2014] NZEmpC 25, [2014] ERNZ 57 ; Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 733 |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Christchurch_136.pdf [pdf 116 KB] |